Adjusting the Conservation Values through Common and Traditional Laws to Protect Turtles: The Case Of Enggano Island

YAMANI, MUHAMMAD and RAMADHANI, SUSI and Erwin, Erwin and Helmi, Helmi and Hartati, Hartati and Najwan, Johni (2020) Adjusting the Conservation Values through Common and Traditional Laws to Protect Turtles: The Case Of Enggano Island. International Journal of Scientific & Technology Research, 9 (3). pp. 844-849. ISSN 2277-8616

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The population of turtles in the sea of Enggano Island is threatened with extinction, due to over-exploitation regardless of its protection. The government has regulated turtle protection by establishing Law Number 5 of 1990 concerning Conservation of Natural Resources and Ecosystems. The functionaries of the customary law of the Enggano also made a similar effort by developing material on the contents which regulates the protection of turtles. This study raises the issue of how to adjust conservation values in national law and Enggano customary law in turtle protection? This research was a sociological juridical study and used a qualitative approach that starts from legal sociology, carried out on Enggano Island, by utilizing formal and non-formal leaders as informants in the Kaitora tribal community, Kaahoaa, Kaarubi, Kauno and Kaharuba, who live in villages - Enggano Island village. The results of the study found, first, that the substance of the Enggano customary law norms had conservation values related to the protection of turtles stated in the formulation of customary law norms which contained the prohibition of catching turtles for all needs, except for the need for ceremonial grandeur (yakadea) if being disobey, the sanctions will be given in the form of customary fines amounting to money, must pay for traditional ceremonies as a media for imposing social sanctions in the form of apologies to tribal leaders and other Engano island communities. Second, that the choice of adjusting the conservation values in national law and Enggano Customary Law in turtle protection can be done by describing the norms of turtle protection which stated in national legal norms into Village Regulations, or Customary Village Regulations which are a unity with the system hierarchy of laws and regulations in the Indonesian legal system, and accompanied by the obligation of indigenous peoples to carry out turtle breeding that can be used for the needs of traditional ceremonies and wedding ceremonies as an effort to preserve the traditions of the Enggano island community. The adjustment of conservation values of turtle protection through the integration of legal substances (Law, Government Regulation on Village Regulations) is the best model in optimizing the protection of turtles without sacrificing the interests of traditional rituals that are still maintained for generations in the lives of the Enggano people.

Type: Article
Subjects: K Law > KZ Law of Nations
Divisions: ?? sch_edu ??
Depositing User: Helmi
Date Deposited: 24 Mar 2021 01:59
Last Modified: 24 Mar 2021 01:59

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