Klibel5 law 25

Proceeding - Kuala Lumpur International Business, Economics and Law Conference Vol. 4.
November 29 - 30, 2014. Hotel Putra, Kuala Lumpur, Malaysia. ISBN 978-967-11350-4-4
172
LOCAL WISDOM IN THE CUSTOMARY LAW SYSTEM AT
PENGLIPURAN VILLAGE IN PROTECTING AND PRESERVING
THE EXISTENCE OF INDIGENOUS LAW PEOPLES IN BALI ISLAND
Diah Pawestri Maharani, SH MH
Faculty of Law, University of Brawijaya Indonesia
Email: maharanidiahpawestri@yahoo.com
ABSTRACT
The Unitary State of Indonesia Republic (NKRI) is an archipelagic state. Such geographic condition is so defining Indonesia as a state with multi-cultures, multi-ethnics, races, religions and multi-groups. It is hereby not surprising if Indonesia has then been known as comprised with many indigenous peoples who strongly respect their customary laws, traditions and habits inherited upon them throughout generations. These indigenous peoples always have a self-governed region with distinctive values of economic, politic, culture and society. A census conducted by the Statistic Central Agency in 2010 has reported that Indonesia has more than 300 ethnic groups, or precisely, 1,340 tribes who live throughout the country regions. By de facto, it is reflecting the pluralities of cultural resources which widely spread out from Sabang to Merauke. Meanwhile, in theoretical manner, these cultural pluralities also mean as cultural capital, which becomes one of important substances to the founding of the Unitary State of Indonesia Republic (NKRI), and also represent as cultural power, which drives up the dynamic of nationalism if remains under good management. However, cultural pluralities and natural resources of Indonesia are far from being managed favorably. It may lead to the potentials of conflict in various fields, including life environment. Pollution and excessive exploitation against natural resources may degrade environmental quality and threat life beings. Too often, it will only injure the existence of custom societies itself. The author attempts to promote the topic of Local Wisdom in Indigenous Peoples at Penglipuran Village in Bangli Region of Bali Island. This society still highly respects the customary law system of the ancestor. In reality, until now, the indigenous peoples at Penglipuran Village have preserved their values of customary law and social order in their region. It is truly expected that such order can be integrated as an important input into National Law Fostering Program to solve the conflicts faced by other indigenous peoples in Indonesia regions.
Keywords: Local Wisdom, Customary Law System, Indigenous Peoples, Penglipuran Village
A. INTRODUCTION
The Unitary State of Indonesia Republic (NKRI) is a coastal state with the national region consisting of land, sea (waters) and air space. Two third of Indonesia regions are sea. Indonesia is also called an archipelagic state because it has more than 17,508 islands, including big and small islands, which are widely distributed in the region. The coastline is about 81,000 km.1
1 Mahendra Putra Kurnia, Indonesia Regionalism Law: the Harmonization of Regional Development Laws for Indonesia Republic Borders Based on Geospatial Technology (First Edition, UB Press, 2011), Page 1.

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The effect of such geographic condition is so prominent because it defines Indonesia as a state with multi-cultures, multi-ethnics, races, religions and multi-groups. By de facto, it is reflecting the pluralities of cultural resources which widely spread out from Sabang to Merauke. As agrarian state, Indonesia has plenty of agrarian resources or natural resources. Theoretically, cultural pluralities also mean as cultural capital, which becomes one of important substances to the founding of the Unitary State of Indonesia Republic (NKRI), and also represent as cultural power, which drives up the dynamic of nationalism.2
Tropical forest of Indonesia has covered the width for 144 million hectares or 74 % of Indonesia land total. This forest is a house for huge diversities of floras and faunas. Other natural resources are also privileging Indonesia into a superior position. Marine resources have produced, in average, 6.7 – 7.7 metric tones of marine fishes and 70 genera of coral reefs.3 Mineral resources are also abundant and still highly exploited by the mining sector. Based on the data from Jaringan Kerja Pemetaan Partisipatif (JKPP), Indonesia has 5,236,058.28 hectares land that spread out waiting for exploration. Of this width, 4,973,711.79 hectares are customary regions. Indigenous peoples only manage 19 % of this portion, and the rest 81 % remain in the forest region protected by The Ministry of Forestry. This protected forest is possessing 130.7 million hectares width or 68.45 % of Indonesia land total. It is definitely presenting a great potential of conflicts to the indigenous peoples of Indonesia.4
Indigenous peoples are quite susceptible to conflicts, such that those related to the degradation, pollution, destruction of life environment and also the natural disaster. All these conflicts may reduce the quality of life environment, thus giving serious impact on health and mentality of human being who live within. A dramatic development in the modern era, which is completely digitalizing, and faster population growth, have brought forward the additional human demands for various aspects of life environment. Individuals, corporations and also government are attempting to meet the demands. Natural resources are exploited uncontrollably for the reason of economic value (money-oriented). It is truly conflicting to the indigenous peoples who follow lifestyles of simplicity, friendliness to environment, and greatly reliance of their wellbeing on natural resources.
Injustice is unfavorable to indigenous peoples but it is usual experience. National apparatus, giant companies, or the projects made by both parties are so dauntless to remove, exploit and oppress the settlement of indigenous peoples. Small and poor farmers cannot escape from the discrimination. Some own only few plots of farmland while others are landless. If their ownership shall be shifted to other, the restitution is not given properly, or even not being restituted at all when the buying parties are never reluctant to use the power of law, politic, bureaucracy or even military.
2 I Nyoman Nurjaya, “Understanding Potentials and Demographics of Customary Law in the Politic of National Law Development”, http://karyatulishukum.files.wordpress.com/2009/01/potensi-hk-adat-dlm-politik- pembangunan.pdf , accessed on 5 May 2004.
3 I Nyoman Nurjaya, “The Development of Natural Resources in the Perspective of Law Anthropology” (2001), Journal of Law Science for Law Field, Page 16.
4 “Troubles by the Mining”, published in Kompas Newspaper dated on 20 February 2012, quoted by Imam Koeswahyono in a paper entitled with The Idea to Establish Agrarian Judicial (A Review to Contribute for the Bill of Agrarian Judicial), a Discussion Paper of The Bill of Agrarian Judicial presented before the Forum of Discussion in First Commission of Local House of Representatives for Indonesia Republic (DPD-RI), Jakarta, on 17 June 2013. This paper is also presented in the Public Discussion of The Bill of Agrarian Judicial in Faculty of Law, University of Brawijaya, on 6 February 2014, by PPK FH UB cooperated with DPD-RI Jakarta.

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It is a very ironic story if compared to the fact that natural resources are strictly regulated by National Constitution (UUD 1945) through Article 33 Verse (3), stating: “Earth, waters, and natural resources contained within it are governed by the State and used for the prosperity of peoples”. There is an ambiguous position for the State as the institution authorized by Constitution, whether the State is to take care, to make policies or to do management of the natural resources.
National Constitution has stipulated that the relationship between the State and earth, waters, and natural resources contained within it is a relationship of governance. It means that earth, waters, and natural resources contained within it are governed by the State and used for the prosperity of peoples. The word “governed” is unclearly defined, however.5 A legal politic standing conducted by the State through its government apparatus precisely has seized away the fundamental rights of the societies to enjoy natural resources, and therefore, it triggers a deep conflict in the utilization and management of natural resources.6
B. CONCEPTS OF CUSTOMARY LAW AND INDIGENOUS PEOPLES
A term “customary law” emanates from Rechts in Dutch meaning custom. This term is introduced by Snock Hurgronye7 in his book De Atjehers published in 1893 and 1894. By then, customary law is admitted as a genuine law of Indonesia which grows from Indonesia societies. During the colonialism of Indonesia by the Dutch, any issues related to customary law are given high priority.8
Customary law is a law produced by indigenous peoples. Some terms are used to describe indigenous peoples. Soepomo call them with “Legal Alliances”.9 This term is also used by A. Suhardi Surojo Wignyodipuro10 and Mahadi.11 The other scholar, HR. Otje Salman Soemadiningrat, uses term “legal societies” based on Dutch term rechtsgemeenschap used by Van Vollenhoven in reviewing customary law.12 The term “indigenous law peoples” is translated from adatrechtgemeenschap proposed by Ter Haar.13 The Dutch term adatrechtgemeenschap is used to declare that what legal societies are meant to signify are indeed indigenous law peoples.
5 Muhammad Bakri, State’s Right of Land Governance (New Paradigm for Agrarian Reformation), Revised Edition, UB Press, 2011, Page 1-2.
6 Suhariningsih, Integrated Agrarian Judicial : The Resolution of Agrarian Dispute To Give Senses of Justice and Certainty to The Society, Paper.
7 Hugronye is known as one of trio founders of customary law after George Alexander Wilken (1847- 1891) and Frederick Albert Lefrinck (1853-1927).
8 Supomo and Djokosutono, History of Customary Law Politic in 1848-1928, Djambatan, Jakarta, 1954, Page 7 (quoted in the dissertation entitled with Legal Standing and Function of Rural Credit Agency as Community-Based Economic Agency for Indigenous Peoples in Bali).
9 R. Soepomo, Chapters of Customary Law, Third Printing, Pradnya Paramita, Jakarta, 1979, Page 32.
10 Surojo Wignyodipuro, The Introduction and Principles of Customary Law, Alumni, Bandung, Third Edition, 1979, Page 86.
11 Mahadi, Short Review of Customary Law Since RR in 1854, Third Printing, Alumni Bandung, 2003, Page 58.
12 R. Van Dijk, The Introduction of Indonesia Customary Law (translated by A. Soehadi), Seventh Printing, Sumur Bandung, Jakarta, 1971, Page 13.
13 Otje Salman Soemadiningrat, Re-conceptualization of Contemporary Customary Law, First Printing, Alumni, Bandung, 2002, Page 113-114.

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International world has plenty of terms to describe indigenous peoples. Anthropologists and human right advocates use term “first people”. Peoples in United States and Canada use term “first nation”. Philippines acknowledge indigenous peoples with a call “indigenous cultural communities”. Malays call them with “indigenous nations”. United Nations (PBB) decides to use term “indigenous peoples” pursuant to all documents preceding Draft of the United Nation Declaration on Rights of the Indigenous Peoples.
ILO Convention 169th in 1989 about Indigenous Nations and Indigenous Peoples in the Independent Countries has stated that indigenous peoples are “those lived within the independent countries where their distinctive social, cultural and economical conditions distinguish them from other societies in the country, and where their status are regulated, entirely or partially, by the customs and traditions, or also by specific laws and arrangements.
Indigenous Law Peoples, or Traditional Peoples, or Indigenous Peoples are the homogenous anthropologic society who live in a certain region in sustainable manner, with a historical and mystical relationship with their past, being perceived by the outsiders as having similar ancestor, with distinctive identities and cultures preserved throughout generations, and without dominant position in the existing political structures and systems.14
In more simply words, Indigenous Law Peoples, or Traditional Peoples, or Indigenous Peoples are the society which is anthropologically homogenous, living in sustainable manner at certain region, having a historical and mystical relationship with their past, having similar ancestor, with distinctive identities and cultures preserved throughout generations, but without dominant position in the existing political structures and systems.15
Based on this definition, two criteria must be met by a society to be called as indigenous law peoples. These are objective criteria and subjective criteria.
1. Objective Criteria:
a. The society is anthropologically homogenous.
b. It lives in sustainable manner at certain region with historical bonding, either physically or spiritually, to the ancestors (homeland) or at least to a part of their settlement.
c. Distinctive identities and cultures are persistently preserved through social and legal systems in traditional way.
d. The position in the existing political structures and systems is never dominant.
e.
2. Subjective Criteria:
a. There is self-identification as an anthropologic society with strong persistence to maintain their identity.
b. The outsiders beyond the anthropologic society perceive them as a solitary society.
C. CONCEPTS OF LOCAL WISDOM
14 Ignas Tri, Hilmy Rosyida, Budi Latif (Editor), Toward A Constitutional Right of Indigenous Law Peoples, The Compilation of Commemoration Documents for The International Day of Indigenous Law Peoples, 9 August 2006, First Printing, 2006, National Commission of Human Right, 2006, Page 9.
15 Ibid.

176
The ideas of local wisdom are early understood as the ideas of indigenousness, but the meaning begins extending toward the issues of identity, religion and socio-politic.16 By the grammar, local wisdom is a set of local ideas expressing wise and virtue messages that are highly advocated and followed by the society. In the anthropological concepts, local wisdom is also called as indigenous or local knowledge, or local genius, which all of them are the base for cultural identity.17
The dictionary arranges local wisdom into two words, local and wisdom. In general, local wisdom represents local ideas expressing wise and virtue messages that are highly advocated and followed by the society. The anthropology has recognized a term local genius. This term is firstly introduced by Quaritch Wales. Anthropologists have a long discussion the definition of local genius. Haryati Soebadio says that local genius is also cultural identity. The cultural identity or cultural personality of a nation will help the nation to absorb and to assimilate foreign cultures based on their self-owned characters and capabilities (Ayatrohaedi, 1986: 18-19). Moendardjito (in Ayatrohaedi, 1986:40-41) has said that local culture has a potential to develop further into local genius because their capabilities to survive have been proven to be true until now. To be called as local genius, the following criteria shall be met:
a. Able to survive against foreign cultures.
b. Able to accommodate the important substances of foreign cultures.
c. Able to integrate external culture substances into indigenous cultures.
d. Able to control.
e. Able to give direction for the development of culture.
Local wisdom consists of noble values prevailed in the life order of the society to protect and to manage their life environment in sustainable manner. The protection and management of life environment are implemented based on local wisdom principles. What are meant by local wisdom principles may be that the protection and management of life environment shall attend noble values prevailed in the life order of the society.18
D. LOCAL WISDOM AT PENGLIPURAN CUSTOMARY VILLAGE
Penglipuran Village is found during the governance of I Dewa Gede Putu Tangkeban III, which is then becoming Anak Agung (King) of Bangli in 1833-1875. The customary society at Penglipuran Village believes that they come from the migration of some inhabitants of Bayung Gede Customary Village, now located at Kintamani District. Bayung Gede Customary Village is an old village which is already settled before the influence of Javanese Hindu Kingdom is coming to Bali. This village is also called as Bali Aga Village or Bali Mula Village.
16 Muhammad Adli Abdullah, Sulaiman Tripa and Teuku Muttaqin, Wisdom is Wealth : The Existence of Panglima Laot and Customary Law in Aceh, edited by MOhd. Harun Pawang Rasyid, Helmi Hass, and Murizal Hamzah (Banda Aceh : Panglima Laot Aceh, 2006); Sanusi, “Local Wisdom and The Role of Panglima Laot in the Process of Resettlement and Restructuring of Aceh Coastal Region After Tsunami” (Banda Aceh: The Research Center of Social and Cultural Sciences, University of Syah Kuala, 2005); and Kamaruzzaman Bustamam, Local Wisdom in Epistemology Perspective, https://www.academia.edu/846503/Kearifan_Lokal_dalam_Perspektif_Epistemologi_Irfeni
17 Prof. Dr. I Gde Pitana et al, Local Wisdom Amidst Modernization, litbang.kemdikbud.go.id/pengumuman/buku%20kearifan%20lokal.pdf, accessed on 5 September 2014.
18The definition of local wisdom, elisa.ugm.ac.id/user/archive/ …/77357a3c5cf5a1d5be0a8dd078c13b1f,accessed on 1 September 2014.

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The term “Penglipuran” comes from the word “Pengeling Pura”, meaning as “remembering the place of ancestors”. Other version of opinion has stated that “Penglipuran” emanates from the word “lipur”, or in Balinese, meaning “entertaining”. Physically, Penglipuran Village remains in Kubu Subdistrict, Bangli District, Bali Province. This village is located 5 KM at northern of Bangli City or around 45 KM from Denpasar City. The area of Penglipuran Customary Village is bordered at north with Kayang Customary Village, at east with Kubu Customary Village, at south with Gunaksa Customary Village, and at west with Cekeng Customary Village.19
In the perspective of this paper, local wisdom is defined as the analysis over geographical, political, historical and local situations which are containing attitudes, views and capabilities of Customary Society at Penglipuran Village of Bali in managing their physical and spiritual environments to empower their existence, survival and resistance against the conflicts by still advocating to their customary law. Local wisdom at Penglipuran Customary Village of Bali is manifested through life views, knowledge and philosophies, as well as, activities conducted by the local customary society in managing the conflict and in preserving their custom and culture.
E. THE CHARACTERISTIC OF CUSTOMARY VILLAGE BASED ON THE PERSPECTIVE OF MEMBERSHIP, STRUCTURE AND WEALTHY
The organizational structure of Customary Village involves the head of customary village, called Bendesa Adat or Kelihan Desa Adat. The term “Bendesa” comes from Balinese’s word, Banda, meaning the bonding rope, and Desa, meaning krama or villagers. By calling the head of customary village as Bendesa or Kelihan Desa, the head shall be a symbol of unification for all villagers. It is expected that this rank will empower the sense of kinship among villagers either in moments of joy or sorrow.20 The term Kelihan Desa comes from word “Kelih” meaning the elder. Therefore, Kelihan Desa must be someone regarded as the elder, or usually standing as the chair of village alliance. As a consequence from this definition, the citizens who select for bendesa or kelihan will always consider bendesa’s or kelihan’s good personality, their human resource competence in the social, community, religion and customary law fields, their factor of knowledge about custom ceremonies (panca yadnya), and their factor of paragon. All these criteria are reasonable to be maintained in the globalization era which may need reliable human resources and strong mental attitudes. Customary village shall be away from the dirty hands of power masters or also from the politic of interests.
In Bali, there is a dualism of village governance system. In one hand, there is customary village which actualizes the indigenous village, with certain degree of autonomy, tradition and politeness which persistently maintained for existence. In other hand, there is official village (administrative village) as the lowest unit of government which stands directly below the head of sub-district, who is regulated and submissive to the regulation of local government.
The concept of village in Bali has two definitions such as:
1. Customary Village
Customary village is a society which the members have similar social, religious, and traditional values, and take collective accountability to conceptualize and to activate the religious ceremonies and social activities as regulated by a cultural system. The sense of belonging as customary village is bonded by factor of Tri Hita Karana, which includes (1) Parahyangan (three kahyangan
19 Interview with Bendesa Adat at Bali Panglipuran for Law Comparative Study, conducted by Faculty of Law, University of Brawijaya Malang.
20 Ibid

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buildings, such as Pura Puseh, Pura Desa and Pura Dalem); (2) Pawongan Desa, or villagers; and (3) Palemahan Desa or village land.
The concepts of customary village in Bali are originally proposed by western scholars. But, modern Bali scholars start to develop local approach to customary village based on a concept of Tri Hita Karana, or three sources of welfare. This concept is written in Sanskrit Language but surprisingly, such term is not found in classical Hindu literature. The first appearance is observed in 1966,21 and since then, it is a very important concept to be implemented in the modern village regulations (awig-awig). Trilogy of Customary Village is Kahyangan-Desa, Krama-Desa, and Palemahan Desa. The analogy of this trilogy is religious component, social component, and spatial component. Therefore, customary village represents the interpretation of Hinduism.22
2. Administrative Village
Administrative village is also called as official village, which is a regional unity under the subdistrict and lead by a head of village or perbekel. Official village has a specific function which put the village as the part of administrative unity.
Either customary village or official village has sub-communities. Those in customary village are called as banjar adat, while those in official village are called as dusun or banjar dinas. Both banjar adat and banjar dinas are functionally different, which by principally, banjar adat emphasizes on the function of custom, while banjar dinas (dusun) stresses on the function of official (administration, formal leadership or public development). Considering the function, both banjar adat and banjar dinas (dusun) are focused on different fields, but in reality, both sub-communities are interdependent to each other.
F. THE PROPERTIES OF PENGLIPURAN CUSTOMARY VILLAGE
The properties of Penglipuran Customary Village include animate and inanimate assets (such as land), current or future assets, and also immaterial and socio-religious assets. All of these bestow Penglipuran Customary Village with socio-religious and communal characteristics.23 Lands are not certified into personal name but made legal on the behalf of institution, such as Pura, Subak etc to avoid the fraud by the officer of Penglipuran Customary Village.24
Customary Lands as one of the properties of Penglipuran Customary Village are measured based on the founding history of customary village. The borders are defined by considering the lands as an alliance belonging, which shall be acknowledged by clan, tribe, family, village and other parties who make agreement of alliance. Indeed, customary lands must not be owned by certain individual although it is an important asset for their life. Customary lands are always established with the alliance or at least are preceded by the alliance.25
21 Ibid
22 Hindu Religion is considered as a soul that gives a living for the custom, just like a soul for the body. Religion and customary village are two inseparable aspects which are complement and interdependent to each other. Religion radiates and emits the energy to every activity of customary village.
23 Ibid
24 Ibid,
25 Ibid

179
In Bali, customary lands are called as tanah ulayat, or popularly known as Tanah Desa. The following is the types of Tanah Desa.
1. Tanah Druwe
This land is owned or managed by Customary Village. It is acquired through a purchase or other methods. If Tanah Druwe is a farmland (sawah, ladang) and cultivated by Krama Desa, then the cultivation may be given to individual or group and the yield is submitted to Customary Village.
The properties classified as Tanah Druwe include:
a. Tanah Pasar, which is a land used as market facility;
b. Tanah Lapang, which is a land used for public field, either for sport or events;
c. Tanah Kuburan (Setra), which is a land used for cemetery;
d. Tanah Bukti, which is a farmland (sawah, ladang) contributed to the village officer or the village manager. This type of land resembles what so called tanah bengkok in Java.
2. Tanah Laba Pura
This land is used to be a possession of village (governed by village), but it is used for the interest of Pura. Tanah Laba Pura has two types:
a. Land only used for Pura buildings;
b. Land used to finance Pura necessities. For instance, it is used to prepare the funding for periodic ceremonies and for Pura improvement. Over time, Tanah Laba Pura has been converted to Pura belongings.
3. Tanah Pekarangan Desa (PKD)
Tanah Pekarangan Desa is a land governed by the Village but contributed to Krama Desa (Villagers) to be utilized as regular housings at certain width in similar size for each household. Krama Desa who occupies the house must in turn provide their effort or mated (usually known as ayahan) to do the obligations of Customary Village.
4. Tanah Ayahan Desa (AyD)
Tanah Ayahan Desa is a farmland governed by the Village but the cultivation is handed over to Krama Desa. The cultivator is entitled to enjoy the yield but is required to provide ayahan, in form of effort or mated, to do the obligations of Customary Village. Such land is equal to tanah gogolan tetap in Java.
G. CONCLUSION
Development advance, population growth and demand increase are factors disturbing the environmental harmony built for tens years by indigenous people. The nobleness of ecological values and local wisdoms advocated by indigenous people is often considered as hampering the development that always emphasizes on economic and capitalism. The development gives priority only to the economical aspect but disregards the preservation of natural resources. These put problems onto the face of indigenous people. The degraded quality of natural and environmental resources around the settlement of indigenous people is a reasonable cause of the poverty and other social problems.
In globalization and modern eras, the standing of State organizations is still quite stronger than the position of indigenous people. It is supported by the fact that cultural values and local wisdoms are starting to cripple. The existence of indigenous people has been described as a society group founded by the ancestors who are respected throughout generations, bonded onto geographical and territorial borders in certain region, and with the distinctive systems of value, ideology, wealth, socio-culture and location. They have a right, including hak ulayat, to govern natural resources because these resources

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are created since the beginning of human civilization. Therefore, the existence of indigenous people is indeed the origin of the founding of a State. It is also said that the indigenous people is preceding the founding of a State. Hereby, any things related to the existence of indigenous people and their cultural values shall not be crushed by oppressive action.
Pursuant to the statement of The United Nations’ Commission of Economical, Social and Cultural Rights, the fact shows that indigenous peoples are the society with great susceptibility, or that is usually unprivileged, or with less capability to claim their economical, social and cultural rights, including their hak ulayat. The rights of indigenous peoples are protected by International Convention of Human Rights such that any violations against the rights of indigenous peoples shall be classified as the deviation from Human Rights. What is meant by the rights that peoples claim over the lands and natural resources are the rights to own the lands and the immediate natural resources around them, and the rights to engage with (to participate into) any decisions related to the ownership and utilization.
Local wisdoms are implemented favorably at Penglipuran Village, and it proves that the ideality of indigenous peoples is surviving and growing well despite the age. It is a good model for any indigenous peoples in Indonesia to preserve their existence. Good local wisdoms can reduce the degree of conflicts faced by indigenous peoples. Ideally, the State, through policies, must consider the potentials of natural resources, human resources and artificial resources as the unity, that includes local wisdoms which comprise of local cultures. Indeed, the harmony between human and nature is given great emphasis.
REFERENCES
Mahendra Putra Kurnia, (2011), Indonesia Regionalism Law: the Harmonization of Regional Development Laws for Indonesia Republic Borders Based on Geospatial Technology, First Edition, UB Press, Malang
Muhammad Bakri, (2011), State’s Right of Land Governance (New Paradigm for Agrarian Reformation), Revised Edition, UB Press,Malang
R. Soepomo, (1979), Chapters of Customary Law, Third Printing, Pradnya Paramita, Jakarta.
Surojo Wignyodipuro, (1979), The Introduction and Principles of Customary Law, Alumni, Third Edition, Bandung,
Mahadi, (2003), Short Review of Customary Law Since RR in 1854, Third Printing, Alumni Bandung
R. Van Dijk, (1971), The Introduction of Indonesia Customary Law (translated by A. Soehadi), Seventh Printing, Sumur Bandung, Jakarta
Otje Salman Soemadiningrat, (2002), Re-conceptualization of Contemporary Customary Law, First Printing, Alumni, Bandung.
Muhammad Adli Abdullah, Sulaiman Tripa and Teuku Muttaqin, (2006), Wisdom is Wealth : The Existence of Panglima Laot and Customary Law in Aceh, edited by Mohd. Harun Pawang Rasyid, Helmi Hass, and Murizal Hamzah (Banda Aceh : Panglima Laot Aceh, 2006

181
I Nyoman Nurjaya, “Understanding Potentials and Demographics of Customary Law in the Politic of National Law Development”, http://karyatulishukum.files.wordpress.com/2009/01/potensi-hk-adat-dlm- politik-pembangunan.pdf ,
I Nyoman Nurjaya, (2001), “The Development of Natural Resources in the Perspective of Law Anthropology” Journal of Law Science for Law Field.
“Troubles by the Mining”, published in Kompas Newspaper dated on 20 February 2012,
Imam Koeswahyono, The Idea to Establish Agrarian Judicial (A Review to Contribute for the Bill of Agrarian Judicial), Jakarta, on 17 June 2013. This paper is also presented in the Public Discussion of The Bill of Agrarian Judicial in Faculty of Law, University of Brawijaya, on 6 February 2014, by PPK FH UB cooperated with DPD-RI Jakarta.
Suhariningsih, Integrated Agrarian Judicial : The Resolution of Agrarian Dispute To Give Senses of Justice and Certainty to The Society, Paper.
Supomo and Djokosutono, (1954), History of Customary Law Politic in 1848-1928, Djambatan, Jakarta,
Dissertation entitled with Legal Standing and Function of Rural Credit Agency as Community-Based Economic Agency for Indigenous Peoples in Bali).
I Nyoman Nurjaya, “Understanding Potentials and Demographics of Customary Law in the Politic of National Law Development”, http://karyatulishukum.files.wordpress.com/2009/01/potensi-hk-adat-dlm- politik-pembangunan.pdf ,
Ignas Tri, Hilmy Rosyida, Budi Latif (Editor), (2006), Toward A Constitutional Right of Indigenous Law Peoples, The Compilation of Commemoration Documents for The International Day of Indigenous Law Peoples, 9 August 2006, First Printing National Commission of Human Right
Sanusi, “Local Wisdom and The Role of Panglima Laot in the Process of Resettlement and Restructuring of Aceh Coastal Region After Tsunami” (2005), The Research Center of Social and Cultural Sciences, University of Syah Kuala, Banda Aceh
Kamaruzzaman Bustamam, Local Wisdom in Epistemology Perspective, https://www.academia.edu/846503/Kearifan_Lokal_dalam_Perspektif_Epistemologi_Irfeni
Prof. Dr. I Gde Pitana et al, Local Wisdom Amidst Modernization, litbang.kemdikbud.go.id/pengumuman/buku%20kearifan%20lokal.pdf, accessed on 5 September 2014.
The definition of local wisdom, elisa.ugm.ac.id/user/archive/ …/77357a3c5cf5a1d5be0a8dd078c13b1f,accessed on 1 September 2014.

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