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The Legitimacy of Ondoafi in Conflict Settlement of Customary Land Tenure in Sentani, Papua Mulyadi, Tri; Kamsi, Kamsi; Surwandono, Surwandono; Raharjo, Trisno
Jurnal Media Hukum Vol 26, No 1, June 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190127

Abstract

The charismatic power of ondoafi as a leader in customary government can determine the direction of the policy including the resolution of problems of indigenous people. In the new order Era, ondoafi was not involved further in resolving land issues, so he would not be labeled as part of the Free Papua Movement (OPM). In the Special Autonomy era, the roles of ondoafi got stronger as indicated by the privileges given by the government to indigenous people in Papua. This paper explores the roles of ondoafi in resolving the conflict over the customary land in Sentani, Jayapura, Papua, using a qualitative approach with secondary data. The result of the research shows that ondoafi could not resolve the conflict over the customary land in Sentani effectively due to the discrepancy of values between the conflicting parties. Nevertheless, ondoafi should become a mediator to resolve the conflicts between indigenous people and non-indigenous people; including privates or corporates and the central government. An ondoafi should be able to become a diplomat who can bridge the values differences between the conflicting parties and urge the conflicting parties to understand others’ interests and values so that conflicts can be resolved in a peaceful manner.
Studi Komparatif Fikih Bencana Muhammadiyah dan Nahdlatul Ulama Farkhan, Farkhan; Kamsi, Kamsi; Asmuni, Asmuni
Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum Vol 5, No 2 (2020): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : IAIN Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/al-ahkam.v5i2.3281

Abstract

The background of the study is the existence of Fiqh Muhammadiyah and Fiqh Nahdlatul Ulama in coping with disaster, in response to the phenomenon of disasters happened in Indonesia, which has taken many victims and caused various losses. Muhammadiyah and Nahdlatul Ulama are two largest Islamic community organizations in this country, so the way on managing the society is always interesting to study, including FIQH (ISLAMIC JURISPRUDENCE) of coping the disaster.Based on the reasons above, the backgrounds of the study are how do muhammadiyah and nahdhatul ulama apply their fiqh (islamic jurisprudence) to cope with disaster? and why do they apply their fiqh?This study is library research using qualitative design and comparing between the two fiqhs from both Muhammadiyah and Nahdatul ulama. The researcher applies Philosophical approaches, through the term epistemilogi bayani, burhani dan ‘irfani as instruments to clarify the content of both fiqhs to find the answer for both research problems above.The findings are the guideline and methodhology used both Muhammadiyah and Nahdatul ulama covered in both fiqhs; there are several differences on the Basic conceptions related to beliefs and Aqida; ethical and moral formulations and practical things. Muhammadiyah Fiqh explained in details regarding with practical procedures and steps of worship in coping with disaster, while Nahdlatul Ulama Fiqh explained only practical guidelines in coping with disaster.The other finding is related to the triple epistimology. The point of bayani on both fiqhs are relatively similar, same level and size. The point of burhani on Muhammadiyah fiqh gave deeper understanding than Nahdlatul Ulama fiqh. And the point of ‘irfani neither muhammadiyah nor Nahdlatul Ulama seem to use it. The fact of the differences refers to the basic methodology from both organizations; Muhammadiyah refers from verse and hadith, while Nahdlatul Ulama refers from aqwal ulama, although both of them refer to the verse, hadith and the decree of classical ulama (preachers)