Alternative Dispute Resolution Mechanisms (Adrm) in Land Cultivation Profit-Sharing in Kuta, West Java

By Suparman, Eman; Supriyatni, Renny et al. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Alternative Dispute Resolution Mechanisms (Adrm) in Land Cultivation Profit-Sharing in Kuta, West Java


Suparman, Eman, Supriyatni, Renny, Ratnasari, Dewi, Sofianto, Kunto, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

In West Java, home to the Sudanese culture, local communities are gathered within traditional villages (Kampung Adat) governed by cultural values inherited from their ancestors. These ancestral values still apply to the social life of the people in many of these villages including Kuta in the Ciamis Regency. West Java's land natural wealth known as "tanah priangan", has always been a wonderful attraction for both domestic and international tourisms in West Java, as the unique cultural heritage is still well-preserved. Prior to Islam, the Sundanese people believed in local wisdom, Hinduism and Buddhism. However, in search of God, they also recourse to syncretism (Ekadjati, 2002). Kuta has its own and unique wealth, which consists of many commodities including land, a vital element in human life. There is a very close relationship between land and the community. Ave dispute resolution mechanism in land procurement profit-sharing according to customary law, human beings have control over land based on religion (Boedi, 2003). In the eyes of the local community of Kuta, land is much more than a place. They believe that rocks, trees, rivers, hills, animals and forests are bestowed upon them by their ancestors who continue to live in land, water and sky. They also claim that land is filled with relations speaking language and following certain laws, both natural and customary laws, no matter whether the shape of that relation is human, rock, crow, wattle. Land is loved, needed, and cared for, and to the community, land loves and cares for her peoples in turn. In short, they consider their land to be family, culture, identity. The community's right over land is provided for in the Basic Agrarian Law No. 5/1960. This study aims at finding alternative dispute resolution mechanism for land procurement profit-sharing so as to meet community's need for social justice, improve tourism and the economy in Kuta. The results of this study are expected to contribute scholarly debate on customary law in Indonesia, and to help improve policy formulation/legislation on the protection of local wisdom protection in West Java.

The Existence of Local Wisdom in West Java

Kuta is a potential for the development of tourism in West Java due to its rich culture supported by a beautiful landscape. Its existence dates as far back as the VIII Century BC.1 Although most of the people of this region are Muslim, they still maintain the beliefs and practices of their ancestors such as offerings, burning incense, performing traditional ceremonies, placing bad spirits repellents by the doorway and believing in sacred forest. The inhabitants of this village firmly adhere to ancient customs handed down from generation to generation by their ancestors. This is due to a traditional concept known to the Sudanese as "'pamali" meaning "do not forget in behaving". It is believed that if "pamali" is violated by the community, they could be hit by a disaster. This is only a rather empty threat to scare the youths so as to not break away from their long existing tradition. The fact that this part of the island of Java has been able to preserve its ancestral custom and culture has attracted many local and international tourists. The community of Kuta has a profound spiritual connection to land. Their customary law and spirituality are intertwined with the land, the people and God. The preservation of land and water is central to their culture. Land sustains and waters their lives in every aspect, spiritually, physically, socially and culturally.

Adat and Adat Law

Adat is a term derived from Arabic language for describing a variety of local customary practices and tradition. The term refers, in a broader sense, to the customary norms, rules, interdictions, and injunctions that guide individual's conduct as a member of the community and the sanctions and forms of address by which these norms and rules are upheld (Ooi, 2004). Adat, as the reflection of the identity of a nation, referred to something done or spoken repeatedly, and which is considered good and accepted by the people (muamalah). …

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