Elaboration, Collaboration, And Contribution Of Traditional Law In Indonesian National Legal System

International Journal of Social Science and Religion

View Publication Info
 
 
Field Value
 
Title Elaboration, Collaboration, And Contribution Of Traditional Law In Indonesian National Legal System
 
Creator Firmansyah, Yohanes
S, Michelle Angelika
Wijaya, Hanna
Sylvana, Yana
 
Subject customary law
legal system
civil Law
traditions and culture
history
 
Description Indonesia uses customary Law as positive Law in the archipelago, is obeyed and implemented as a custom, from generation to generation respected by the community as a national tradition. As a rule of Law, Indonesia adheres to many legal systems at the same time that lives and develops in society, namely the civil law system and the customary law system. All these legal systems are complementary, harmonious, and romantic. As the original Law that grows and develops from community habits, Customary Law affects the process of law enforcement in Indonesia. The values ​​contained in customary Law in Indonesia were used in the formation of jurisprudence in the Supreme Court. This paper will explain how customary Law, which has an "unwritten" character, can fill the Indonesian civil law system's legal gap. This paper's research method is a normative legal research method and uses several approaches, namely the statutory approach, the comparative approach, and the historical approach. This paper concludes that legal pluralism in Indonesia can be a solution to the legal gap created by the rigidity of civil law application.
 
Publisher Indonesian Academy of Social and Religious Research (IASRR)
 
Date 2021-03-05
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://ijssr.net/index.php/ijssr/article/view/37
10.53639/ijssr.v2i1.37
 
Source International Journal of Social Science and Religion (IJSSR); 2021: Volume 2 Issue 1; 1-21
2746-086X
2723-5920
10.53639/ijssr.v2i1
 
Language eng
 
Relation http://ijssr.net/index.php/ijssr/article/view/37/21
 
Rights Copyright (c) 2021 Yohanes Firmansyah, Michelle Angelika S, Hanna Wijaya, Yana Sylvana
https://creativecommons.org/licenses/by-sa/4.0/
 

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