THE LAND BURNER FOR PLANTATION: BETWEEN COMMUNAL TRADITION AND POSITIVE LAW OF INDONESIA

Nurhayati, Yati and Munajah, Munajah (2019) THE LAND BURNER FOR PLANTATION: BETWEEN COMMUNAL TRADITION AND POSITIVE LAW OF INDONESIA. Proceeding International Conference on Wetland and Multidiciplinary Research (ICWRES 2019).

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Abstract

The purpose of this research is to study the land burning for plantation in the perspective of Dayak Kotabaru tradition in South Kalimantan Province and positive law perspective in Indonesia. This study uses normative juridical research methods. This normative legal research is carried out in a descriptive qualitative manner. The legal material is collected, sorted for subsequent research and analysis of their contents, so that the synchronization level, the appropriateness of norms, and the submission of new normative ideas. The results of this study found that in the customary culture of the Dayak Kotabaru tribe of South Kalimantan Province there is a tradition of burning land for plantation, which is also related to the concept of shifting cultivation. Customary tradition regarding the burning of land is not prohibited in customary law as long as it is in accordance with customary procedures and traditions. Whereas in positive law prohibits the burning and for plantation with a few exceptions related to the local culture of the indigenous community. In-depth studies are needed so that regulations aimed at eliminating the massive impact of haze still do not sacrifice indigenous rights with their lifestyle.

Item Type: Article
Subjects: H Social Sciences > H Social Sciences (General)
K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: Dr. Yati Nurhayati Nurhayati
Date Deposited: 30 Nov 2020 04:06
Last Modified: 30 Nov 2020 04:06
URI: http://eprints.uniska-bjm.ac.id/id/eprint/834

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