THE EXISTENCE OF CUSTOM LAW IN EFFORTS TO SUPPORT THE DEVELOPMENT OF JUSTICE LAW IN INDONESIA

Abstract

Indonesia consists of a collection of customary law communities, such as Nagari, hamlets, clans and others, which means recognizing the existence of indigenous peoples with the concept of pure recognition. However, Article 18B of the 1945 Constitution adheres to the concept of half-hearted recognition which results in Indigenous Peoples losing protection in the basic norms of the state and legal products. The movement towards the unification and codification of law is seen to be rife. Writing uses normative juridical methods based on legal norms and applicable laws and regulations. The approaches used include statutory approaches and conceptual approaches. The results of the research show that Indonesia is determined to break away from the idea of colonial law by making fundamental changes to the colonial legal system which is still enforced based on Article II of the Transitional Rules of the 1945 Constitution. The substance and values of customary law as the original law of the Indonesian people are following the sense of justice and culture of Indonesian law. The difficulties that arise are not only due to the diversity of customary law which is not explicitly formulated and the modern legal management system. The law that must be made is a law that is following the legal awareness of the community. The law must not hinder development, so it is a tool to maintain order in society.