Karya Ilmiah

DISERTASI (0096) - Prinsip Hukum Adat Kalosara Kesatuan Masyarakat Hukum Adat Suku Tolaki Sebagai Dasar Alternatif Penyelesaian Sengketa

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The research, furthermore, aims to find disputes resolution model of
indigenous people in Tolaki tribes. Several approach has been applied in this
research namely conceptual, statute, case and historical approaches.
The results concluded that adat law principle of Kalosara, unity of
indigenous people of Tolaki tribes. Lays on the proverb "inae Kosara iye pinesara,
inae lia sara iye pinekasarai" within this word contain several legal principles,
equality before the law and punishment principle. Moreover there are principles of
adat law Kalosara through court decisions such as principle of no double imposition
of criminal punishment, the principle of building a joint participation between
perpetrators, victim and groups of community, Principles to push perpetrators
responsible to the victims regarding injury or loss and building responsibility for
not repeating criminal action that has been conducted.
Meanwhile the principle of adat law Kalosara which lays on the decision of
Tolaki adat institute on the dispute settlement mechanism are good faith, humanity
and respect to human dignity, principles as well as unity, harmony and legal
certainty, principles to warrants implementation the decision of Tolaki adat
institution.
Dispute settlement mechanisms through Tolaki adat institution are
negotiation, mediation and adat court. Meanwhile dispute settlement model
through adat institution is the model of Hybrid Justice system as harmonization
model from legal values in Indonesia, which consists of mandatory mediation
against criminal adat case and privat case. Other models in the disputes settlement
through adat institution of Tolaki are the implementation of good faith all parties,
while giving the adat sanction both on criminal adat case and privat case.

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Ketersediaan

031170120

0096

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0096

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM ADAT

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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