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All Journal Kanun: Jurnal Ilmu Hukum
Faridah Jalil
Universiti Kebangsaan Malaysia
Law, Crime, Criminology & Criminal Justice

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Peranan ‘Hukum’ dalam Menjaga ‘Hukum Adat’ Untuk Kesatuan Masyarakat Faridah Jalil
Kanun Jurnal Ilmu Hukum Vol 15, No 3 (2013): Vol. 15, No. 3, (Desember, 2013)
Publisher : Universitas Syiah Kuala

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ABSTRACT: The article discusses on the role of law in preserving customs to encourage the unity of a society. The contention of the article is that the existence of law and customs may assist members of society to live in harmony as both law and customs established rules that organized human behavior.  Human life will be in chaos in the absence of law and customs as the people will not be able to organize the manner they should interact with one another. This article will try to answer the problem on how does law preserved customs that was used to unite the society. The article shows that law needs the support of custom to understand the need of the society, while custom requires the support of law in order for the people to notice the existence of the practice and at the same time, able to be understood by the people at large. Customs are able to produce social accord as customs are embedded with the spirit of ushering good relationship thus encourages man to live harmoniously.  On the other hand, unity propounded by law is founded by force as punishment becomes the basis for obedience. The Role of Law in Preserving Customs to Encourage the Unity of a Society
Aspek Hukum Peradilan Adat di Indonesia Periode 1602 – 2009 Teuku Muttaqin Mansur; Faridah Jalil
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
Publisher : Universitas Syiah Kuala

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ABSTRACT: Indonesian legal system recognizes 5 (five) formal legal sources, namely; act, judge decision, treaty, expert view, and customary law. Custom subsystem is unwritten law or more well known as customary law. The source of customary law has been implemented earlier before the written one followed by modern society. However, in the fact, customary law development in material meaning and judicial customary law in the meaning of formal law always faces constraints especially from positivism legal concept from time to time. Therefore, this research aims to focus on the history of the development of judicial customary law in Indonesia since the colonial period 1602 till the period after the MoU Helsinki in Aceh. The historic legal approach is applied by exploring how acts provide space for enhancing the system. It is hoped that this research might be useful for academics in terms of enriching the knowledge and the position of the judicial customary law in Indonesia. Judicial Customary Law Aspect in Indonesia in the Period 1602-2009
Co-Authors Teuku Muttaqin Mansur