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PERLINDUNGAN HAK MASYARAKAT HUKUM ADAT KAMPUNG KUTA BERDASARKAN PERATURAN DAERAH KABUPATEN CIAMIS NOMOR 15 TAHUN 2016 PERSPEKTIF MAQASHID SYARIAH
The existence of laws and regulations on the rights of indigenous peoples in Indonesia has been recognized and respected as stated in the constitution of the Republic of Indonesia. Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) states that "The state recognizes and respects the units of indigenous peoples and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated by law". This study is an effort to examine in detail the implementation of Ciamis Regency Regional Regulation Number 15 of 2016 in providing guarantees of protection of the rights of the Kuta village community through the perspective of the theory of protection of rights according to the constitution and protection of rights according to Islamic law. Protection of rights according to the Indonesian constitution is that the state is responsible for protecting, advancing, upholding, and fulfilling human rights (HAM). This research is a type of field research or also called field research, using a descriptive-analytical method, namely the researcher conducts research and analysis of concepts that are closely related to the focus of the research. This study uses a juridical-empirical method, namely a methodology that combines legal analysis with social reality. The data used in this study are primary data obtained through documents, interviews and observations, while secondary data are in the form of legal materials and literature obtained from books and legal journals. Based on the results of research on the protection of the rights of indigenous legal communities in Kuta Village based on Ciamis Regency Regional Regulation Number 15 of 2016, if based on the protection of rights in the constitution, it can be concluded that the existence of indigenous legal communities in Kuta Village has not fully received legal protection from the local government. There are still things in the policy that have not been implemented optimally. Protection of rights to land and natural resources (Hifdzu Al-Mal) as well as cultural identity, protection of life (Hifdzu An-Nafs) and descendants (Hifdzu An-Nasl) in the regulations above follow the principles of Islamic law that uphold justice and equality. Although in its implementation there are still several challenges. Keywords: Customary Law Community, Kuta Village, Protection, Rights, Islamic Law
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGAYOGYAKARTA
PERLINDUNGAN HAK MASYARAKAT HUKUM ADAT KAMPUNG KUTA BERDASARKAN PERATURAN DAERAH KABUPATEN CIAMIS NOMOR 15 TAHUN 2016 PERSPEKTIF MAQASHID SYARIAH (Text)
PERLINDUNGAN HAK MASYARAKAT HUKUM ADAT KAMPUNG KUTA BERDASARKAN PERATURAN DAERAH KABUPATEN CIAMIS NOMOR 15 TAHUN 2016 PERSPEKTIF MAQASHID SYARIAH (Other)
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