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All Journal Sodality: Jurnal Sosiologi Pedesaan Kertha Semaya Sosial Budaya Jurnal Media Hukum Jurnal Hukum Novelty Jurnal Ilmiah Kebijakan Hukum Jurnal Ilmiah Hukum LEGALITY Ahmad Dahlan Legal Perspective Jurnal Hukum dan Pembangunan
Ilham Yuli Isdiyanto
Faculty Of Law, Universitas Ahmad Dahlan, Yogyakarta, Indonesia
Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Existence of Kuntara Raja Niti Book in the Value System of Lampung Society in Pekon Marga Kaya Isdiyanto, Ilham Yuli; Alwajdi, Muhammad Farid; Nur, Muhammad
Sosial Budaya Vol 20, No 1 (2023): Juni 2023
Publisher : Lembaga penelitian dan pengabdian kepada Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/sb.v20i1.19599

Abstract

The indigenous people of Lampung Pepadun in Pekon Marga Kaya have the principle of piil pesenggiri which is detailed as a customary law guideline as stated in the Book of Kuntara Raja Niti, but it needs to be further analyzed about its existence amid the many processes of cultural penetration and assimilation brought by migrants. This research uses a multidisciplinary approach by directing to socio-legal forms, therefore the process of obtaining data is carried out directly by interviews. As a result, the people of Lampung in Pekon Marga Kaya still adhere to the principle of piil pesenggiri and its derivatives that represent the contents of Kuntara Raja Niti. The existence of the Kuntara Raja Niti Book is known by the people of Lampung Marga Kaya, although not many people know its context. However, applying the pesenggiri piil is substantially like applying Kuntara Raja Niti as a way of life and behavior. Local governments must establish clear policies that protect the existence of indigenous peoples and their laws.
Max Weber vs Émile Durkheim: Pertarungan Paradigma dalam Sosiologi Hukum di Indonesia Isdiyanto, Ilham Yuli
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

This study compares the thoughts of Max Weber and Emile Durkheim in the field of sociology of law and their relevance to the development of law in Indonesia. Weber emphasizes formal rational law through a positivistic approach, highlighting individual rationality in shaping social structures. In contrast, Durkheim views law as a tool of social solidarity rooted in morality and collective norms. This study employs a normative method integrated with hermeneutic philosophy, delving into the meaning of legal concepts through an in-depth interpretation of doctrines, theories, and legal literature. A descriptive-narrative analysis is conducted to understand the historical, social, and philosophical contexts of these two perspectives, enriched with visualizations for deeper comprehension. The findings indicate that Weber's approach is relevant for supporting legal and economic development, whereas Durkheim's perspective is more applicable for accommodating the plurality of customary law or living law. This article recommends integrating both approaches to establish a legal system in Indonesia that is responsive to social diversity and adaptive to the demands of national development.
Co-Authors Ahmad Rif'an Alwajdi, Muhammad Farid Anom Wahyu Asmorojati Deslaely Putranti Megawati - Muhammad Nur Muhammad Radhi Abdullah Puthut Syahfarudin Siti Zuliyah Wahyu Asmorojati, Anom Wita Setyaningrum