Teuku Muttaqin Mansur
Universiti Kebangsaan Malaysia

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Journal : Kanun: Jurnal Ilmu Hukum

Tantangan Peradilan Adat Laot di Aceh Teuku Muttaqin Mansur
Kanun Jurnal Ilmu Hukum Vol 14, No 2 (2012): Vol. 14, No. 2, (Agustus, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: The presence of the commander Laot Laot and customary law is recognized in national legal systems. One is owned by the authority to settle the dispute through traditional justice. So far, the customary judicial decision Laot followed. But viewed from the provisions of national law, customary judicial decision Laot does not have a strong legal basis. This research is descriptive analytical, normative juridical approach sociological and juridical. From the research note that the judiciary can enforce the law and all courts established by state law, not including the customary judicial Laot in it. This judicial decision can only provide a peaceful because the decision is relative or voluntary. Parties who are not satisfied, opened the opportunity to reopen the law through the state courts. The Challenge of Customary Justice of The Sea
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