THE DYNAMICS IN THE RECOGNITION OF CUSTOMARY JUSTICE IN THE POLITICS OF LAW OF THE JUDICIARY IN INDONESIA
ABSTRACT: This study aims at
discussing the dynamics of the legal recognition of customary justice in
politics of law of the judicial power in Indonesia. In accordance with the
nature of the analysis, namely, the normative legal analysis, the approach used
in this study is the statute approach completed with historical and futuristic
approach of the law. The study results show that the recognition of customary
justice in the politics of law in Indonesia has been dynamic along with the
change of government. In the colonial time of the Dutch East Indies government, there were two forms of customary
justice formally recognized, namely, the indigenous justice ( inheemsche
rechtspraak ) and the village justice ( dorpjustitie ).These conditions
remained prevailing at the time of the Japanese occupation and in the early
days of Indonesian independence. In 1951, the existence of customary courts
were abolished gradually and brought an end in 1970 in which the existence of
the formal justice system of out-of-the state court- settlement was not allowed
anymore. The customary courts abolished in 1951 were indigenous justice
(inheemsche rechtspraak) while the existence of village justice (dorpjustitie)
continued to berecognized. In the
Judicial Power Act of 2009 applied at present, there is no provision
which gives recognition of customary justice, but in the laws governing special
autonomy for Papua Province - a province in eastern Indonesia – the existence
of customary court is explicitly recognized . From the program of national
legislation in the House of Representatives of the Republic of Indonesia, it is
known that in the future it seems customary justice will be recognized
nationally by legislation governing the unity of customary law society
Author: I Ketut Sudantra
Journal Code: jphukumgg130034
