Proses Pembuatan Norma Hukum Adat Larangan Menambang Marmer dan Pembatasan Pengambilan Akar Angin (Usnea barbata) di Masyarakat Hukum Adat Mollo, Kabupaten Timor Tengah Selatan, Provinsi Nusa Tenggara Timur
Sartika Intaning Pradhani, Dr. Sulastriyono, S.H., M.Si.; Dr. Rikardo Simarmata, S.H.
2024 | Disertasi | S3 Ilmu Hukum
The aim of this dissertation was to research and find adat law-making on marble mining prohibition and whether there was any ruling on Beard Lichens collection by the Mollo Adat Law Community (ALC). From pre-research, it was known that Mollo ALC issued a mining marble prohibition in 2000, while beard lichen collection restriction in 2019. There were three research questions: (1) how did the responses of Mollo ALC towards the implementation of law and regulation on stipulation of Mutis Mountain Forest as Protection Forest, Conservation Forest, Anjaf and Naususu Rock Mountain Mining, and non-timber forest product collection? (2) who were the parties involved, what are their role, and how does the interaction between the parties in the process of adat legal norm making on mining prohibition and limitation to collect Beard Lichens? and (3) how did adat legal norm-making process on marble mining prohibition and Beard Lichens collection restriction in Mollo ALC’s territory?
This research used a socio-legal approach to collect secondary and primary data from the library and empirical study. Primary data were collected through interviews and observation for four months (June 1st—September 21st, 2021) in TTS Regency and Kupang Municipality, NTT Province. There was a key informant and 97 respondents in this research, consisting of Mollo ALC’s adat functionaries and members, Non-Governmental Organization (NGO) activists, priests, and Civil Servants.
Mollo ALC’s attitudes towards law and regulation implementation in their territory were varied and influenced by their reasoning for survival. Between the adat functionaries, there was dynamic and tension about authority based on their bloodline. The Usif responded on label and stigma by involving Church’s authority and Human Rights NGO, up to the national level. Such reasoning successfully threatened Local Government to revoke its decision. The Usif and Amaf of Mollo ALC used Local Government regulations on permitted production activities in the Protection Forest and Conservation Forest. Therefore, adat legal norm to restrict beard lichen collection was in accordance with the state law. Moreover, Mollo ALC’s inhabitants were facilitated to distribute and to trade beard lichen. The adat functionaries foresaw adat law reform based on Mollo ALC’s welfare needs relating to their livelihood’s utilization. Adat law-making was consistently based on collective deliberation. The adat functionaries’ reasoning was proven following the development and change of the common economic and social-political context. This dissertation found that adat law was not always contrary but also could be compatible with other legal authorities. In the Mollo ALC experience, the threat of livelihood destruction resulted in a prohibition and/or termination ruling, while in a situation that brought benefit, the adat law only restricted. It showed that adat law is making an open and not-isolated process.
Kata Kunci : hukum adat, penalaran hukum, pluralisme hukum, sosiolegal