Article Per Year (5 Year)
p-Index From 2019 - 2024
0.23
P-Index
This Author published in this journals
All Journal Asian Journal of Social and Humanities
Anom Sutrisno
Universitas Swadaya Gunung Jati Cirebon
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : Asian Journal of Social and Humanities

 1 
Juridical Study of Customary Law In The Indonesian National Legal System Irgi Setiawan; Ariq Muzaffar Wahyu; Alip Rahman; Anom Sutrisno
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.317

Abstract

Customary law, as an integral part of the cultural and social identity of Indonesian society, has an important role in shaping the norms and values that prevail in various communities. This study aims to examine the juridical aspects of the recognition and application of customary law within the national legal framework, focusing on the constitution, laws, and regulations governing customary law. The research method used is the normative juridical method with an analytical-descriptive approach. The data analysed consisted of primary legal sources, such as the 1945 Constitution, laws, and court decisions, as well as secondary legal sources, including legal literature and previous research. The results show that although customary law is constitutionally recognised, there are significant challenges in its implementation at the national level. This is mainly due to the existence of legal dualism, norm conflicts between customary law and national law, and the lack of harmonisation in legislation governing the existence of customary law. The study concludes that further efforts are needed to harmonise customary law with national law through legislative reform, legal education, and public awareness raising. Thus, customary law can function effectively and fairly in the national legal system, while preserving Indonesia's cultural diversity.
Co-Authors Alip Rahman Ariq Muzaffar Wahyu Irgi Setiawan