EKSISTENSI HUKUM ADAT DALAM SISTEM HUKUM DI INDONESIA

Eka Susylawati

Abstract


A traditional law (hukum adat) is a law reflecting an
Indonesian character; as a result it has been claimed as the
law which is genuinely Indonesian. As an unwritten law,
nowadays the existence of traditional law is questionable.
It has been judged as conservative, stiff, primitive old
fashioned comparing to the development of modern
society. Some people argue that traditional law is unable
to resolve the problems in this globalization era. In facts,
traditional law has become a basic principle to legalize the
contemporary laws. For instances, traditional laws
inspires the law of UU. No 5 Th. 1960 about the major law
of agrarian affairs and the la of UU. No. 1 Th. 1974 about
marriage. The relevance of traditional law to current one is
supported by the existence of UU. No. 4 Th. 2004 about
the authority of judicial affairs, it opens the chance for the
judges to execute and decide a case based on traditional
laws.

Full Text:

PDF


DOI: http://dx.doi.org/10.19105/al-ihkam.v4i1.267

Refbacks

  • There are currently no refbacks.


Published by :

The Islamic Law Researcher Association (APHI) collaboration with Faculty of Sharia IAIN Madura

Office:
Faculty of Sharia IAIN Madura
Asemanis Dua, Larangan Tokol, Tlanakan, Kabupaten Pamekasan, Jawa Timur, Indonesia 69371. Phone: (0324) 332551


View My Stats

Lisensi Creative Commons

Al-Ihkam: Jurnal Hukum  dan Pranata Sosial is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License


Indexed by:


Read more indexing


copyright©AL-IHKAM : Jurnal Hukum dan Pranata Sosial

Flag Counter