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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Kanun: Jurnal Ilmu Hukum
Maranjaya, Abdul Kahar
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Law, Crime, Criminology & Criminal Justice

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PRESERVING TRADITION: THE ADAT LAW SYSTEM OF THE BADUY COMMUNITY AND ITS CONSTITUTIONAL RELEVANCE Sodikin, Sodikin; Maranjaya, Abdul Kahar
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.32056

Abstract

The Baduy adat law community is a distinct group that operates within a socio-cultural framework deeply rooted in their traditions. Central to this framework is the adat institution, which serves as the foundation for their governance system. In the Kanekes adat village, the structure and role of the adat institution reflect an adat state system that is derived from the values of their ancestors, known as Karuhun, and is consistent with the principles of Indonesian constitutional law. This study employs a juridical normative methodology to examine and analyze the conditions of the Kanekes Adat Village from a constitutional perspective. The findings reveal that the Baduy adat law community possesses characteristics that have sustained their adat institutions for thousands of years. They adhere to the norms of the Sunda Wiwitan religion, emphasizing the importance of upholding the values of the Karuhun, which serve as guiding principles (Pikukuh) that must be followed. The governance system they adopt is characterized as an adat state law system, which democratically distributes authority among various institutions. The apex of power and leadership resides with the Puun, who plays a crucial role in maintaining the community's traditions and governance. This structure not only reflects the community's commitment to their cultural heritage but also contributes to the broader framework of adat constitutional law in Indonesia, ensuring its relevance for future generations.
The Meaning Of Filling The Position Of Regional Head Democratically Under The Provisions Of Article 18 Paragraph (4) Of The 1945 Constitution Maranjaya, Abdul Kahar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4223

Abstract

The various laws governing local elections are; i).Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law. ii).Law of the Republic of Indonesia No. 8 of 2015 on amendments to Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law; iii). Constitutional Court Decision No. 100/PUU-XIII / 2015 related to the law of the Republic of Indonesia No. 8 of 2015 on amendments to Law No. 1 of 2015 on the determination of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law; iv). Law No. 10 of 2016 on the Second Amendment To Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law v). Law No. 6 of 2020 on the establishment of government regulations in lieu of Law No. 2 of 2020 on the Third Amendment to Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law into law. The research method used is normative legal research with a statute legal approach and a conceptual approach. the results of this study are Head Department filling model Regions experienced changes from time to time influenced by the political law of forming laws, regional privileges, and regional autonomy system adopted by the prevailing regime of government. Provisions on filling the position of Regional Head contained in Article 18 paragraph (4) of the law of the Republic of Indonesia in 1945, not should be interpreted by direct election by the people in each region, but can different, especially for special areas.
Co-Authors Sodikin Sodikin