Jurnal Ilmu Hukum The Juris
Vol. 6 No. 2 (2022): JURNAL ILMU HUKUM : THE JURIS

KEDUDUKAN HUKUM ADAT DALAM PENGUATAN PELESTARIAN NILAI-NILAI ADAT DALAM YURISPRUDENSI

Ali Aridi (Sekolah Tinggi Ilmu Hukum Iblam)
Yana Sukma Permana (Sekolah Tinggi Ilmu Hukum Iblam)



Article Info

Publish Date
13 Dec 2022

Abstract

The purpose of this research is to find out how the position of customary law is in the current national legal system and how to strengthen the preservation of customary values ​​in jurisprudence. Through research on normative law it was concluded that customary law is an unwritten rule that lives within the indigenous peoples of a region and will continue to exist as long as the community still fulfills the customary law that has been passed down to them from their ancestors before them. Therefore, the existence of customary law and its position in the national legal system cannot be denied even though customary law is unwritten and based on the principle of legality is an illegitimate law. Customary law will always exist and live in society. Customary law is a law that really lives in the awareness of the conscience of the community which is reflected in the patterns of their actions in accordance with their customs and socio-cultural patterns which are not contrary to national interests. The current era can indeed be called the era of the revival of indigenous peoples which is marked by the birth of various policies and decisions. However, what is equally important is the need for further study and development with its implications for drafting national laws and efforts to enforce applicable laws in Indonesia.

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Journal Info

Abbrev

juris

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang ...