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All Journal Jurnal Konstitusi dan Demokrasi Journal of Islamic Law Studies
Abiyoso, Yunani
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Law, Crime, Criminology & Criminal Justice

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ADAT INSTITUTIONS IN ACEH GOVERNMENT: A CONSTITUTIONAL PERSPECTIVE Abiyoso, Yunani; Abdillah, Ali; Wasti, Ryan Muthiara; Sujatnika, Ghurnarsa; Fakhri, Mustafa
Journal of Islamic Law Studies Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

The existence of adat (customary law) in Indonesia becomes a source of value for the survival of the nation. Each region in Indonesia has different adat that can be used as a reference for the form of governmental system in Indonesia. The 1945 Constitution has recognized the existence of adat government that consisting of various forms of adat that have been adopted long before the 1945 Constitution existed. The existence of adat cannot be separated from national and Islamic values. This research was conducted to find out form of adat institution in Aceh and how the integration of such adat governance in local government system based into national law. Thus, to achieve the objectives, this study was conducted by normative juridical research method with historical approach and comparison with other indigenous peoples in Indonesia.
Mengenalkan Metode Empiris, Kuantitatif, dan Eksperimental Dalam Penelitian Hukum Tata Negara Abiyoso, Yunani
Jurnal Konstitusi & Demokrasi Vol. 5, No. 2
Publisher : UI Scholars Hub

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Almost all constitutional law research applies the doctrinal method to analyze normative texts and legal logic. In the context of the development of constitutional law, this method has limitations in evaluating the effectiveness of legal norms in societal reality. This article proposes the need for a paradigm shift in the use of constitutional law research methods, which should not only rely on a doctrinal approach but also integrate empirical methods, to align the needs of constitutional law studies with the dynamics of the Indonesian state after 25 years of constitutional amendments. There are three alternative methods that can be integrated with the doctrinal method: the empirical method, the quantitative method, and the experimental method. Thru the application of various methods, constitutional law research is expected to present an analysis of normative texts based on empirical evidence to propose constitutional recommendations.
Co-Authors Abdillah, Ali Mustafa Fakhri Sujatnika, Ghurnarsa Wasti, Ryan Muthiara