Journal of Adat Recht
Vol. 1 No. 1 (2024): MEI-JOAR

The Position of Customary Law in the Legal System: An ExplorationRole, Challenges, and Integration in the Context of National Legal Development

Fitri Arianti Saputri (Universitas Sriwijaya, Indonesia)



Article Info

Publish Date
27 May 2024

Abstract

This article delves into the role of customary law within the Indonesian legal framework, examining its interaction with the Indonesian Constitution and national laws, and how it influences its application in various domains. Through analytical exploration, several key insights emerge. Firstly, customary law occupies a position in the Indonesian legal hierarchy akin to other national laws, albeit differing in its oral or unwritten nature. Secondly, the Constitution of 1945 acknowledges both written and unwritten laws, including customary law (hukum adat), alongside each other, though it places greater emphasis on formal written legislation in governing societal affairs. Thirdly, parliamentary responsiveness to this dynamic is essential, particularly evident in the creation of regional laws (Qanun) in Aceh, designed to accommodate the evolving nature of customary law within local communities. This adaptability underscores customary law's status as a form of living law, reflective of community norms and practices. Finally, the judiciary plays a pivotal role in overseeing legal consciousness within communities, particularly in addressing legal issues stemming from customary practices. Judicial prudence emerges as a vital source of legal identity, guiding decision-making processes with an understanding of community values and norms.

Copyrights © 2024






Journal Info

Abbrev

JOAR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Adat Recht is a journal with the theme of Legal Science, with benefits and objectives for the development of Legal Science, by prioritising the originality, specificity and recency of articles in each issue. The purpose of the publication of this Journal is to provide space to publish ...