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56 J.L. Pol'y & Globalization 69 (2016)
Legal Political of Aceh Sustainable Spatial Reconstruction Based on Local Wisdom of Mukim Customary Legal Community

handle is hein.journals/jawpglob56 and id is 70 raw text is: Journal of Law, Policy and Globalization wwwiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I Vol.56, 2016 IISTE Legal Political of Aceh Sustainable Spatial Reconstruction Based on Local Wisdom of Mukim Customary Legal Community T. Nazaruddin* Rachmad Safa'at2 Moh. Fadli2 I Nyoman Nurjaya3 1.Doctorate Candidate of Law Faculty, Brawijaya University, Malang, Indonesia and Lecturer of Law Faculty, Malikussaleh University, Acel, Indonesia 2.Postgraduate Program of Law Faculty, Brawijaya University, Malang 3.Professor of Anthropology of Law, Brawijaya University, Malang Abstract Ideal construction and existing legal politics spatial planning based on local wisdom is implicitly stated in Article 18B clause (1) and (2), as well as regulations the national legislation and in particular Act No. 44 of 1999, Act No. 18 of 2001 in conjunction with Act No. 11 of 2006, which has special powers and special autonomy in Aceh. Law Ideology of Qanun Aceh No. 19 of 2013 on Spatial Planning Aceh province Years 2013-2033 (abbreviated Qanun RTRWA), is inseparable from the ideology of legal centralism based on national spatial planning systems that become directives, reference or guidance in the formulation and establishment of RTRW province, the setting of spatial hierarchical and formalistic. According to the fact, the problem formulation refers to whether the reconstruction of legal policy of sustainable spatial planning of Aceh based on local wisdom of the customary legal community of Mukim. This normative legal uses interpretative method. This study shows the legal policy of Qanun RTRWA based sustainable spatial planning neglect indigenous customary law community of Mukim, more oriented to economic interests by marginalizing the value system and interests of indigenous communities Mukim. Qanun RTRWA legal political reconstruction based on local wisdom of Mukim customary law community. Keywords: Reconstruction, Legal policy, Spatial planning, Local wisdom, Mukim customary legal community 1. Introduction Ideal conditions and political construction law existing based on local wisdom is implicitly stated in Article 18B clause (1) of the Constitution of the Republic of Indonesia 1945 which determines that the State recognizes and respects the units of local government institutions special or privileged regulated by laws. Furthermore, clause (2), recognize and respect the customary law communities, traditional rights and cultural identity. The State recognizes and respects units of indigenous communities and their traditional rights as long as they live, and in accordance with the development and principles of the Unitary Republic of Indonesia stipulated in the Act. Subsequently found in the provisions of Article 28 clause (3) that The cultural identity and the rights of traditional communities be respected in line with the times and civilization. recognized to the extent consistent Article 3 of Law No. 5 of 1960 on the Basic Regulation of Agrarian Principles (State Gazette of 1960 Number 104, Additional State Gazette No. 2043), determines, that the implementation of indigenous rights and similar rights owned by customary legal communityis with the national interest and the country. Furthermore, Article 5 states that the agrarian law that applies to the earth, water and air space is the common law, to the extent not contrary to the national interest and other legislation. Furthermore, under Article 63 clause (1) letter (t), Article 63 clause (2) letters n, and Article 63 clause (3) letter k Law Number 32 Year 2009 on the Protection and Management of the Environment (State Gazette Year 2007 Number 68, Additional State Gazette No. 5059). Article 63 clause (1) letter (t) determine, in the protection and management of environment, government duty and authority to establish policies regarding the procedures for the recognition of customary law communities, local knowledge, and the rights of indigenous people related to environmental protection and management life. Article 63 clause (2) letter n, and Article 63 clause (3) letter k determine,in the protection and management of environment, Government and Local Government duty and authority to establish and implement policies regarding the procedures for the recognition of customary law communities, local knowledge, and community customary law related to the protection and management of the environment. Law No. 26 of 2007 on Spatial planning (State Gazette of 2007 Number 68, Additional State Gazette No. 4725), not specifically regulating local wisdom, but the mere mention of the term public participation in Article 60, 61, and 65 clause (1). Whereas Article 5 of Government Regulation No. 68 Year 2010 on Forms and Procedures for Public Role in Spatial Planning (State Gazette of 2010 Number 118, Additional to State Gazette No. 5160), determined: the role of society in the spatial plan performed on stage: a. spatial planning; b. utilization of space; and c. control space utilization, hereafter referred in Article 6 and 8. Article 61 clause (1) of Law Number 27 Year 2007 on the Management of Coastal Areas and Small Islands (State Gazette Year 2007 Number 84, Additional State Gazette No. 4739), specifying, The Government recognize, respect and protect the rights Indigenous People, Traditional communities and Local Wisdom on Coastal Areas and Small Islands which has been used for generations. In clause (2), Recognition of the rights of

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