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All Journal Jurnal Ilmiah Wahana Pendidikan Lex Librum : Jurnal Ilmu Hukum
Selly, Jeane N.
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Keberadaan Dan Penerapan Hukum Adat Di Tengah Sistem Pemerintahan Masyarakat Suku Baduy Maranatha, Leona Citra; Kurniawan, Stanley; Selly, Jeane N.
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 20 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8419470

Abstract

Banten Province is one of the provinces that has a customary law community that is still alive and developing today, namely the Baduy/Bedouin customary law community (Baduy tribe). The Baduy customary law community has social stratification or community stratification based on a certain status or level according to the agreement. They live in remote areas of customary land and still uphold the beliefs of Sunda Wiwitan. The Baduy tribe in their daily lives speak Sundanese and Indonesian. The Baduy tribe has a population of around 26,000 people consisting of inner Baduy and outer Baduy. Officially, recognition, acceptance or justification for the existence of indigenous peoples in the constitutional structure is regulated in Article 18 of the 1945 Constitution. The civilization of indigenous peoples has a long history in Indonesia. Indigenous peoples are a real segment of the Indonesian population. The existence of these provisions as an explanation of the status of indigenous peoples who have long been part of the Indonesian state. The enactment of 3 (three) legal sub-systems in the legal system in Indonesia, namely Western Law, Customary Law and Islamic Law since the independence of the Republic of Indonesia, on August 17, 1945 until now. This supports the existence of indigenous peoples as a historical reality that cannot be avoided or denied by the government.
KEDUDUKAN HUKUM ADAT SEBAGAI ATURAN HUKUM NASIONAL DALAM SISTEM HUKUM INDONESIA Patricia, Tiara; Gunawan, Chyntia; Selly, Jeane N.
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.828

Abstract

The position of customary law within Indonesia’s legal system remains significant, and various domains of adat law continue to play an essential role in addressing contemporary issues and conflicts in the era of globalization. This article relies primarily on secondary data, gathered through literature review, examination of relevant legal sources, and online research pertaining to the subject matter. The data obtained are qualitative in nature. In terms of its standing, customary law holds an equal place to other legal norms within Indonesia’s legal framework, although its application is limited to Indonesian citizens and it remains unwritten. The 1945 Constitution acknowledges the existence of adat law as an unwritten legal system, yet the state prioritizes statutory written law such as legislation to maintain public order and legal certainty. Certain areas of adat law, such as customary inheritance and land law, remain particularly relevant today. Adat law embodies behavioral norms governing Indigenous Indonesians, is not codified into formal statutes, and carries binding force. In the formation of laws or qanuns in Aceh, legislative bodies are required to consider customary law as it represents the living legal consciousness of the community.
Co-Authors Gunawan, Chyntia Kurniawan, Stanley Maranatha, Leona Citra Patricia, Tiara