| Autor: |
Wardiono, Kelik, Absori, Dimyati, Khudzaifah, Utomo, Hery Dwi, Rochman, Saepul, Valeriya, Katya |
| Předmět: |
|
| Zdroj: |
Varia Justicia; 2023, Vol. 19 Issue 2, p97-115, 19p |
| Abstrakt: |
This research aims to understand the claim of the Samin community in Rembang Regency against Governor's Decree No. 660.1/17/2012 which permits the development and exploitation of natural resources in the Kendeng mountains. This dispute does not only show a lawsuit but more broadly is the counter hegemonic movement between local law and national law which is marked by the victory of the Samin people at the Judicial Review level at the Supreme Court. The research was carried out by observing, interviewing, and reviewing the literature which was intended to explain local and national legal disputes which were analyzed qualitatively using legislation, unwritten law and Gramsci's Counter Hegemony approach. The results of this study show that first, local law disputes against national law in Rembang Regency occurred due to the domination of national law over local law which only recognizes indigenous peoples only when mentioned by law. Second, the Samin Indigenous people still adhere to traditions, myths and ecological principles called Saminism which only allow them to do farming and as a cultural identity, because of that they are unlikely to be able to survive if they have other professions; and Third, Amar the judge's decision in the form of a caliph on earth is influenced by the spirit of the mother earth community of the Samin community and forms a new norm so that it becomes a new hegemony against national law. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
|
