EKSISTENSI HUKUM ADAT DALAM SISTEM HUKUM DI INDONESIA
A traditional law (hukum adat) is a law reflecting an<br />Indonesian character; as a result it has been claimed as the<br />law which is genuinely Indonesian. As an unwritten law,<br />nowadays the existence of traditional law is questionable.<br />It has been judged as cons...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Arabic |
| Published: |
Fakultas Syariah IAIN Madura
2013-09-01
|
| Series: | Al-Ihkam: Jurnal Hukum dan Pranata Sosial |
| Online Access: | http://ejournal.stainpamekasan.ac.id/index.php/alihkam/article/view/267 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | A traditional law (hukum adat) is a law reflecting an<br />Indonesian character; as a result it has been claimed as the<br />law which is genuinely Indonesian. As an unwritten law,<br />nowadays the existence of traditional law is questionable.<br />It has been judged as conservative, stiff, primitive old<br />fashioned comparing to the development of modern<br />society. Some people argue that traditional law is unable<br />to resolve the problems in this globalization era. In facts,<br />traditional law has become a basic principle to legalize the<br />contemporary laws. For instances, traditional laws<br />inspires the law of UU. No 5 Th. 1960 about the major law<br />of agrarian affairs and the la of UU. No. 1 Th. 1974 about<br />marriage. The relevance of traditional law to current one is<br />supported by the existence of UU. No. 4 Th. 2004 about<br />the authority of judicial affairs, it opens the chance for the<br />judges to execute and decide a case based on traditional<br />laws. |
|---|---|
| ISSN: | 1907-591X 2442-3084 |