Indonesian Customary Court Concept In The Future

Lilik Mulyadi,Ronald Hasudungan Sianturi

doi:10.5539/ass.v11n12p1

Abstract

This paper initiated the concept of indigenous Indonesian judicial ideal future, oriented to three models of Customary Courts. First, Indigenous Justice is independent. Second, Justice Custom In General Court. Third, the General Court Justice for Indigenous Case With Accommodating Indigenous Values??. The selection of the three alternative models in Indigenous Justice initiated the concept of the ideal future is a choice of how the political dynamics of the existence of the law fore Justice Indigenous ways of looking at one side with the formal law on the other. Clearly, if the Customary Court will be chosen level with Formal Law (National Law) that is independent; is part of the Formal Law (National Law) entered the room so that the General Court, or custom values ??so as to be accommodated in the National Law National Law higher than Customary Law as dynamic as it is today.

Highlights

Examined from the perspective of legislation in Indonesia today, customary legal terminology is known as the "law of life in society," "living law," "legal values and sense of justice that live in the community," "the unwritten law,""customary law,""native Indonesian law," and so forth
This paper initiated the concept of indigenous Indonesian judicial ideal future, oriented to three models of customary courts: first, indigenous justice is independent; second, justice custom in general court; and third, the general court justice for indigenous case with accommodating indigenous values
The selection of the three alternative models in indigenous justice initiated the concept of the ideal future is a choice of how the political dynamics of the existence of the law for justice indigenous ways of looking at one side with the formal law on the other

Summary

Introduction

Examined from the perspective of legislation in Indonesia today, customary legal terminology is known as the "law of life in society," "living law," "legal values and sense of justice that live in the community," "the unwritten law,""customary law,""native Indonesian law," and so forth. Suppose the Acehnese people known by the phrase " matee anek mepat custom meshes matee Tamita phat " is defined when a child dies tomb, can still be seen; if the custom is removed/dead, it will be difficult to find Other expressions, such as " murip i kanung Edet, mate i kanung earth," which means that it must follow the same rules with the customary necessity when the dead shall go into the belly of the earth. When examined from the perspective of the source, the criminal law/civil customary has written and unwritten sources It can be a source of unwritten customs that arise, followed and adhered to continuously and down for generations by the indigenous peoples concerned. Book Lontara "ade" in South Sulawesi, Adi Book of Religion, Book Manawa Dharma Sastra, Awig-Awig in Bali, and all the regulations as written on a manuscript, leather, or other materials

Discussion

Customary Law Is Independent Law

Customary Courts in the General Court

Conclusion