JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Vol. 3 No. 2 (2024): Mei 2024

SEJARAH DAN KEDUDUKAN HUKUM ADAT DALAM PEMBANGUNAN HUKUM NASIONAL

Miftahuddin, Abdul Hafidz (Unknown)
Shukia , Ayun (Unknown)



Article Info

Publish Date
20 May 2024

Abstract

Indonesian society encompasses a diversity of ethnicities, religions, and cultures, which have formed a unity within the Unitary State of the Republic of Indonesia. Customary law is a system of unwritten social control that is important in society to provide characteristics and identity to the nation. The concept of customary law in Indonesia originates from the term "Adatrecht," first introduced by Snouck Hurgronje and further developed by Van Vollen Hoven. Customary law is defined as unwritten rules that serve as guidelines for the majority of Indonesian society in their daily lives. Sources of customary law are distinguished into "welbron" (the concept of justice within society) and "kenbron" (the source where customary law can be found). These sources include customs, traditional culture, customary proverbs, historical documents, legal texts, and values that grow within society. The history of customary law can be divided into several periods, from before the arrival of Western nations to the post-independence era of Indonesia. The Dutch colonial period influenced the recognition and treatment of customary law, which continued into the post-independence period. Customary law holds an important position in Indonesia's national legal system. Despite being unwritten and not officially recognized, customary law is acknowledged in the 1945 Constitution. Recognition of customary law is evident in various legislative regulations, indicating the importance of preserving traditional values in the development of national law.

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Journal Info

Abbrev

jmjh

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Jas Merah: Jurnal Hukum dan Ahwal Syakhsiyyah, merupakan jurnal Hukum Keluarga Islam dan hukum perdata di Indonesia yang terbit secara berkala pada bulan Nopember dan bulan Mei. Memuat kajian-kajian tentang hukum antara lain perkawinan, perceraian, rujuk, pewarisan, hibah, wakaf, wasiat, dan ...