Abstract
Recognition of living law in society or customary law / unwriten law, marking a pluralistic spiritual life that have law. Lawmakers (legislative or judge) must accommodate those values in their legal products. Moreover, judges as formers of practical law are obliged to explore and understand the values that live in society, which is the soul of the nation's personality (volkgeist), which is reflected through its Verdicts, so that the verdict can have transcendental values / spiritual values. The enactment of customary law as the basis of the Verdict of the judge or in other words the formation of the law by the judge through the Verdicts based on customary law, has existed before the Indonesian constitution is amended, namely in Article 5 paragraph (3) sub b Act No. 1/1951 About Measures - Temporary Measures for Conducting the Union of Suspended Power and Events of the Civil Courts.
Highlights
Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that “the State of Indonesia is a state of law”, this means that the law is the supreme authority
Based on the characteristics of the state law as mentioned above it can be said that the law applicable in Indonesia falls into the category of modern law, as expressed by Marc Galanter that modern law is characterized (1) modern law is uniform meaning that the law is uniform across the country . (2) modern law is transactional, meaning that the rights and obligations are determined by the transaction / contract not determined by factors not related to the rules
Spiritual Values of...-Khuswardani et al 19. This customary law is a law that is born, grows and develops in accordance with the current development of society, and if we examine from the fundamental rules of the state that the people of Indonesia is a society that recognizes the existence of God Almighty,7 so that norms derived from the community values, which serves as a guide in common life, are values that are inseparable from divine values
Summary
Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that “the State of Indonesia is a state of law”, this means that the law is the supreme authority. Eugen Ehrlich, says that effective positive law is based on values that live in society, the concept known as the living law.6 This customary law is a law that is born, grows and develops in accordance with the current development of society, and if we examine from the fundamental rules of the state that the people of Indonesia is a society that recognizes the existence of God Almighty, so that norms derived from the community values, which serves as a guide in common life, are values that are inseparable from divine values. In this paper aims to examine court Verdicts on ethics offenses based on customary law as a living and spiritual law
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