EKSISTENSI HUKUM ADAT DALAM SISTEM HUKUM DI INDONESIA
Abstrak: A traditional
law (hukum adat)
is a law
reflecting an Indonesian
character; as a result it has been claimed as the law which
is genuinely Indonesian. As an unwritten
law, nowadays the existence of traditional law is questionable. It has
been judged as
conservative, stiff, primitive
old fashioned comparing to
the development of
modern society. Some people
argue that traditional
law is unable to
resolve the problems
in this globalization
era. In facts, traditional law has become a basic
principle to legalize the contemporary
laws. For instances,
traditional laws inspires the law
of UU. No 5 Th. 1960 about the major law of agrarian affairs and the la of UU.
No. 1 Th. 1974 about marriage. The relevance of traditional law to current one
is supported by the
existence of UU.
No. 4 Th.
2004 about the authority of
judicial affairs, it opens the chance for the judges to
execute and decide
a case based
on traditional laws.
Penulis: Eka Susylawati
Kode Jurnal: jphukumdd090108
