The Urgency of Customary Law in Public Life in Indonesia at the Modern Era

DOI

10.2991/978-2-38476-273-6_105How to use a DOI?

Keywords

Customary Law; Society; Modern

Abstract

This article explains the importance of customary law in the lives of Indonesian people in the modern era and the role of law in people's lives. This research aims to understand the importance of customary law in the lives of Indonesian people in the modern era. The research method used is normative. The results of this research show that customary law is a law that reflects the personality and spirit of the nation, so several customary law institutions are believed to still be relevant as building blocks for the Indonesian legal system because of the constitutional arrangements they are. In essence, it does not necessarily eliminate the juridical facts that exist in the field. Empirically, the existing legal system is effective in regulating people's behavior in everyday life. The social reality of Indonesian society shows that there is more than one legal system that effectively works to regulate people's lives, resulting in the existence of a legal system outside the formal legal system enforced by the state regarding the existence of customary law communities with their customary legal system. As part of Indonesia's social reality, the existence of community groups called indigenous peoples clearly cannot be minimized, there is a tendency that their existence must be maintained and fought for to become more prominent as a result of the inclusion of cultural rights as part of human rights. In conclusion, customary law in Indonesia is very important in people's lives, as a basis for making formal regulations in the state.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ulya Shafa Firdausi
AU  - Ferry Irawan Febriansyah
AU  - Alfalachu Indiantoro
AU  - Hasto Prianggoro
AU  - Iqbal Nafi Nur Ikhram
PY  - 2024
DA  - 2024/08/02
TI  - The Urgency of Customary Law in Public Life in Indonesia at the Modern Era
BT  - Proceedings of 5th Borobudur International Symposium on Humanities and Social Science 2023
PB  - Atlantis Press
SP  - 1018
EP  - 1029
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-273-6_105
DO  - 10.2991/978-2-38476-273-6_105
ID  - Firdausi2024
ER  -