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PHILOSOPHY DIMENSIONS IN MINANGKABAUS PUBLIC COMMUNITY LAW
Wendra Yunaldi

Faculty of Law, University of Muhammadiyah West Sumatera


Abstract

The study of the Minangkabau indigenous people continues to experience positive developments along with the growing tendency of state accommodation to the legal system that lives in the midst of the archipelago community. But on the other hand, the development of written law with its legislative products often collides with the spirit and spirit of the law contained in society. The philosophical formulation of ibi ius ubi societies where there is a society there is a law, making the dominative positivism tendency to revoke the legal legitimacy of society, even though it does not necessarily turn off the growth and development of the law of society. No matter how strong the state intervenes so that the awareness of the rule of society is organized into written legitisme systems because it is considered more modern, organized, uniform, and easy to implement, instead it becomes a new problem for the growth of the law itself. The awareness and legal spirit that lives in the community has a stronger influence on the compliance, awareness, and constancy of society, rather than the laws produced by the state. The purpose of law is the balance of rights and obligations and the achievement of feelings of satisfaction with the rules themselves so that justice can be created, not merely strengthening the conception of the state of law adopted by the state. For the Minangkabau customary law community that continues to adapt to Indonesian state law, the philosophical backing of Nagari cheating law becomes a fence and is also a barrier between the norms adopted by the community, with which the philosophy of syarak mangato, adaik mamakai confirms that Minangkabau customary law is a dimensionless law vertical and horizontal, down from the norm of divinity and carried out according to humanistic human behavior, which is why he is able to follow the natural tendencies of society. The growth of customary law that is so strong rooted in the Minangkabau indigenous people has to be considered by the state for an autonomous and responsive legal entity because with that the law can safeguard and at the same time organize its society in facing legal dynamics that continue to develop

Keywords: Philosophical Dimensions, Law, Minangkabau Law Society

Topic: Administratif Law

Link: https://ifory.id/abstract/PbV26Khe8F9X

Conference: International Conference on Law Reform (INCLAR 2019)

Plain Format | Corresponding Author (Wendra Yunaldi Yunaldi)

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