Abstract
The existence of adat law community has been recognized since Dutch Colonial Era until today. State recognitions towards adat law community are dynamics. This paper is written based on legal normative research to describe dynamics of adat law community recognition. In the early of Indonesia independent, adat law community was considered as foundation of Indonesia nation state establishment. Since 1957 and during New Order era, there was systematic effort to abolish adat law communities because adat law was perceived as symbol of backwardness. After the amendment of the Constitution, adat law community and their traditional rights are recognized by law and enforced through court decision. Adat law community can determine their type of recognition to strengthen their legal capacity to manage Adat Forest; to organize Adat Village; or to hold communal land rights.
Highlights
The existence of adat law community has been recognized since Dutch Colonial Era until today
Since jural communities is basically communities based on adat law, it is later called as adat law community
In the early colonial period, adat law communities were recognized as communities based on their religious law, especially in Java and Madura, the communities were ruled based on Islamic Law.8. This later being critiqued by Snouck Hurgenje and Van Vollenhoven who argued that law applicable for adat law community was adat law which was indigenous law influenced by religious elements
Summary
The existence of adat law community has been recognized since Dutch Colonial Era until today. Recognition and respect are based on conditions that (1) the communities and their traditional right shall exist; (2) in accordance with community development and Unitary State Republic of Indonesia; and (3) shall be further regulated by law.
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