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BUDAYA HUKUM MASYARAKAT DALAMMENYELESAIKAN SENGKETA TANAll MELALITI KEPALADESA SEBAGAI HAKIM PERDAMAIAN(Kasus Di Desa Tulungrejo, Kecamatan Bumiaji Kota Bath Malang)

Yayik Sayekti-2002-01-01
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TL;DRAbstract

In every local environment, land has important function to keep the persistence of human life and nature. Remind of this function, every land's dispute should be resolved peacefully in order to maintain their conversation. Most of people believe that Alternative Dispute Resolution (ADR) is the reflection of society culture which inherent and stick on their life because it is appropriate with Indonesian society culture. This research underlines the problem on how the society culture overcomes the dispute through the role of village headman as the judge? Is the society culture in resolving the land's dispute through the village headman as the judge not against the present regulations of positive laws? And does the solution sociologically (sociologisch gelding) have binding power? In this research the researcher uses both of normative research (legal research) and empirical research (socio-legal research) simultaneously based on the purpose of the research: law in books and in action. Aft

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In every local environment, land has important function to keep the persistence of human life and nature. Remind of this function, every land's dispute should be resolved peacefully in order to maintain their conversation. Most of people believe that Alternative Dispute Resolution (ADR) is the reflection of society culture which inherent and stick on their life because it is appropriate with Indonesian society culture. This research underlines the problem on how the society culture overcomes the dispute through the role of village headman as the judge? Is the society culture in resolving the land's dispute through the village headman as the judge not against the present regulations of positive laws? And does the solution sociologically (sociologisch gelding) have binding power? In this research the researcher uses both of normative research (legal research) and empirical research (socio-legal research) simultaneously based on the purpose of the research: law in books and in action. Aft

Keywords

NormativeLawDispute resolutionPolitical scienceOrder (exchange)SociologyFunction (biology)Law and economics

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