Harmonization of Modern Law and Local Law in South Barito District an Overview of Comparison Legal Studies

Abstract

Customary law in Indonesia has characteristics and patterns that are different from other laws. Customary law is pragmatism-realism which means that customary law is able to meet the needs of the community which is functionally religious so that customary law fulfills a social function/social justice. The emergence of modern law has completely changed the map of the old social order, this is due to the hegemonic character of the modern law, it does not allow any other form of order except those created and issued by the state. It is different and interesting when local law fights with modern law, where Modern Law is eroded in its implementation by local law. Local law views the implementation of the "Wara" traditional ceremony with the traditional ritual "Kaleker Diau" in the Dayak indigenous people of Central Kalimantan, South Barito Regency as a culture or custom that must be preserved, while modern law views the activities in these traditional rituals as a form of gambling. and has a large effect can cause conflict in indigenous peoples. The study of comparative law considers that the cultural values ​​or customs, habits and enforcement of Dayak customary law in the area of ​​Central Kalimantan Province, South Barito Regency, which are very sacred, need to be updated in their implementation with the aim of building and implementing traditions or customs that are in line with the national legal system.