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54 J.L. Pol'y & Globalization 147 (2016)
The Spatial Planning Based on Local Wisdom of the Customary Legal Community in Aceh

handle is hein.journals/jawpglob54 and id is 148 raw text is: Journal of Law, Policy and Globalization wwwiisteorg ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.54, 2016I1lSE The Spatial Planning Based on Local Wisdom of the Customary Legal Community in Aceh Rachmad Safa'at1 , Mohd. Fadli2, I Nyoman Nurjaya3 ,T. Nazaruddin4* 1.Postgraduate Program of Law Faculty, Brawij aya University, Malang. 2.Postgraduate Program of Law Faculty, Brawij aya University, Malang. 3.Professor of Anthropology of Law, Brawijaya University, Malang. 4.Doctorate Candidate of Law Faculty, Brawijaya University, Malang, Indonesia and Lecturer of Law Faculty, Malikussaleh University, Aceh, Indonesia. Abstract The system of local wisdom reflected in local knowledge and technology systems in various areas dominantly still covers traditional values as appear from the way they do conservation principles, management and exploitation of natural resources. Spatial planning of the customary legal community in Aceh known as Mukim. According to the fact, the problem formulation refers to whether the spatial planning in line with local wisdom of customary legal community in Aceh. This normative legal research uses interpretative method. This study shows that the spatial planning based on local wisdom of Aceh originally has its own traditional arrangement by Mukim. First is the spatial division aspect, second is institutional aspect, and third is arrangement aspect. Based on arrangement aspect, it relates to value, prohibition, and its arrangement mechanism. Spatial planning that reflect local knowledge of indigenous communities in Aceh that integrates the interests of economic, ecological, social and cultural in a region as a system. Keywords: spatial planning, local wisdom, the customary legal community 1. Introduction The reflection of social environmental wisdom characterized by religio-magis concretely crystallized in legal product of local society, in legal anthropology known as customary law, folk law, indigenous law, unwritten law, or unofficial law, or in Indonesian context called adat law/adatrecht (Nurjaya, 2008). The system of local wisdom reflected in local knowledge and technology systems in various areas dominantly still covers traditional values as appear from the way they do conservation principles, management and exploitation of natural resources (Safa'at, 2013). Through long interaction and adaptation to environment and natural resources, the society are able to develop the way to survive by creating systems of values, life pattern, institution and law in together with the condition and availability of natural resources around the areas where they live (Safa'at, 2008). However, today the local society becomes outcast from their own cultural life, economic and religious systems. Politically, they have strong bargaining power. Economically, they are not assured of their living continuity (Bosko, 2006). The local wisdom in spatial planning in any provinces of Indonesia can be found such as in Batak Toba society, North Sumatera, concept of Tri Hita Karana, whereas the development of living environment appears Desa Pakraman in Bali. Besides, the local wisdom of Aceh society related to the custom is applied based on Islamic legal principles. It relates to quote/philosophy adat ngon hukom hanjeut cree, lagee zat ngon sifeuet, meaning that custom with Islamic laws cannot be separated from (united), such as substance and its characteristic. Therefore, the living system in Aceh society is ruled by traditional norms based on Islamic laws (Wahyuni, 2002). The local wisdom of spatial planning in Aceh appears clearly with the existence and role of Mukim. Mukim has born and lived for centuries since the Period of Sultan Iskandar Muda. Mukim is unit of customary legal community including group of several Gampong (village) having certain area border and its own wealth, and has position directly under the District Head/ Camat headed by Imuem Mukim. The existence is admitted and supported through Qanun Aceh Number 4 of 2003 on Government of Mukim. Based on the Decision of Aceh Governor Number 140/600/2011 on Affirmation of Name and Code Number of District Government Administration Area, Mukim and Gampong. It covers 755 Mukim in Province of Aceh, incluinng 43 Mukim in Regency of Sourth Aceh, 51 Mukim in Aceh Tenggara, 45 Mukim in Aceh Timur, 18 Mukim in Aceh Tengah, 33 Mukim in Aceh Barat, 68 Mukim in Aceh Besar, 94 Mukim in Piine, 67 Mukim in Aceh Utara, 29 Mukim in Simeulue, 16 Mukim in Aceh Singkil, 75 Mukim in Bireuen, 20 Mukim in Aceh Barat Daya, 25 Mukim in Gayo

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