Family Law Archive

customary law

Rules must be made to organize the people to live in peace and peace. Where in Indonesia itself other than there is a written law, there is also an unwritten law. One of them is Customary Law. As is known that Indonesia is a country rich in cultural diversity, customs, language and various arts. Thus local customary law with each other in Indonesia would be different. Well before discussing the matter, we first understand the meaning of customary law.

Understanding Customary Law

The term customary law was first declared by Prof. Christian Snouk Hugronje the Customary Law which is a law in Indonesia in his book entitled The Atjehers and het Gayo Land. When viewed from the word, customary law is a blend of the word law and custom. Where the law comes from the word recht in Dutch, and custom comes from the Arabic language which has the meaning of habits. Basically this customary law is a term commonly used to mention a law that applies to the people of Indonesia.

In addition there are some legal experts who define customary law. According to Soepomo himself, Customary Law is a law that is not written in the legislative regulations  includes the rules of life that although not established by the authorities but obeyed and supported by the people based on the belief that the rules have the power of law .

While Cornelis which states that customary law is a law that does not originate from the rules of the rules made by the Dutch East Indies government. If it is concluded that customary law is all living behavior that exists in indigenous communities in Indonesia derived from the spiritual values, beliefs and cultures that have prevailed in society while for those who violate there are sanctions as a result of violations that are forced.

Sources of Customary Law

Based on the origin of the source of customary law in Indonesia are classified into two namely composed of Source of law, among others include: Habits and customs associated with the tradition of the people, traditional culture of the people directly arise as a statement of indigenous Indonesian culture and feelings of justice living in conscience people.

Sources of adat law are the identifiers, among others: adat customs, customary jurisprudence, and reports of specially formed research commissions. In addition, there are also documents that contain the provisions of the law living at that time, either in the form of a charter of regulations, as well as the provisions / decisions. The next source of adat law is the book of the Law written by the King or the sultan or the book of the jurists.

Examples of customary law

Every region in Indonesia certainly does not have the same customary law. This is evident from some examples of laws. One of them is Minangkabau Customary Law. The customary law requires women to have a complete inheritance from their parents while the Minangkabau men are on duty to migrate to the land of people to search for treasures and then the knowledge they get in overseas lands is practiced in their hometown. Unlike Adat law in Central Java or Yogyakarta, where boys get more inheritance than a woman.

In addition to customary law above which discusses the division of inheritance, another example of customary law in Indonesia is customary law in Papua if a person has an accident and caused someone else to die then the person must pay compensation in the form of a number of money and pigs in a very large amount.