Indigenous Law According To Experts, Is It Applicable In Indonesia?

Indigenous Law According to Experts (Unsplash)

YOGYAKARTA - The customary law in general itself is a traditional rule which means that the regulation has regulations that are created or formulated according to the behavior of the people who grow and also develop so that it becomes an unwritten regulation that is obeyed by the local community. So what is customary law according to experts?

The customary law itself is also recognized by the state as a form of official regulation. Where, after Indonesia's independence, traditional regulations are one of the laws that are realized and contained in the 1945 Constitution.

As written in Article 18B paragraph 2 of the 1945 Constitution, which explains that Indonesia as a country recognizes and respects the unity of the indigenous law society and its traditional rights as long as it is still alive and worthy of the development of society and also the principles of the Republic of Indonesia or the Unitary State of the Republic of Indonesia, as is the case with those restricted in the law.

This rule can also be said to be one of the oldest regulations when compared to other existing rules in Indonesia because it has been carried out for generations by the people.

Check out the following writings to better understand what is meant by customary law as an unwritten regulation.

Van Vollenhoven explained that customary law is the entire regulation of positive behavior that on the one hand has punishment.

Bushar Muhammad explained that to provide a definition of Indigenous Law there is very difficult to implement because customary regulations are still in growth; the nature and nature of customary rules.

Terhar assumes that customary law is born from & maintained by decisions, authoritative and powerful decisions from the head of the people (citizens of the Republic of Indonesia).

From the above understanding, it can be formulated the characteristics of customary law including:

Lisan, meaning not written in the form of legislation and not modified.

Not systematic.

Not in the form of a law book.

It's not arranged.

His decision did not use considerations.

The rules are not systematic and have no explanation.

Three dimensions of customary law that limit the movement of human life on this earth are:

It is a dimension that limits the behavior or ethics and adaptation of every individual related to the social environment of tradition, nature, as well as physical and spiritual health.

It is the dimension that limits the expansion of families carried out through marriage carried out with the customs and requirements that apply in the community.

In this dimension it is explained that this dimension restricts a ritual system of honor in the morning of the corpse or ritual of death so that the traditional dimension of Pati is often referred to as the traditional dimension of Gama (adjusted to the teachings of their respective religions).

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