EKSISTENSI HUKUM ADAT DALAM SISTEM HUKUM DI INDONESIA

  • Eka Susylawati Dosen Tetap Jurusan Syari’ah STAIN Pamekasan dan peserta Program Doktor Ilmu Hukum Untag Surabaya
https://doi.org/10.19105/al-lhkam.v4i1.267
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Abstract

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.

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Published
2013-09-03
Issue
Vol. 4 No. 1 (2009)
Section
Articles

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