THE DIVERSITY OF HARMONIZATION BETWEEN WEST LAW AND INDIGENOUS LAW IN THE PLURALITY OF INDIGENOUS PEOPLES IN INDONESIA
Dr. Hari Purwadi, S.H., M.Hum., Siti Muslimah, S.H., M.H., Anti Mayastuti, S.H., M.H., Aprila Nariswari
Universitas Sebelas Maret (UNS), Surakarta 57126, Indonesia
Abstract
ABSTRACT Indonesian law (national law) since independence explain it-s character of a mixed legal system. The mixed legal system makes national law form layers. The elements of layers are composed of Western law, customary law (indigenous law) and Islamic law. Western law, especially civil law tradition is the dominant element, while customary law occupies a servient layer in which also competes with Islamic law in certain societies and Hindu law in other societies. In relation to the plurality of Indonesian indigenous people who have a variety of customary law, the occurrence of a meeting between customary law and Western law hypothetically explains the inequality with the meeting, competition, and mixing of legal traditions in countries whose societies tend to be homogeneous. The focus of this paper is to analyze the form of meetings, competition, or mixing between legal traditions with some examples that occur in the indigenous peoples of Bali, Padang Pariaman, and Aceh. The research method used can be classified in comparative law research because it analyzed competition among several legal traditions. The results explained that there was no similarity or variance in the mixing of legal traditions that met and competed. At least, among the customary law communities of Bali, Padang Pariaman, and Aceh there are differences in the mixing of legal traditions.
Keywords: Mixed Legal System, Harmonization, Indigenous People
Topic: Democracy, Constitution, and Globalization