Indonesia Customary System in indonesias

law system

1. INDONESIA CUSTOMARY LAW ” Read this article about Indonesia customary law! Indonesia is the world’s largest archipelago, inhabited by more than 300 distinct cultures speaking some 700 languages. Long before it became the unity of Law, every tribe in Indonesia had their own adat /customary law and the legal arrangement as the living law of communities, which regulated harmonious life from now and then. Adat Law is a legal system known in the Indonesian social life and other Asian countries, such as Japan, India and China. The source of law is found in the unwritten law that has grown, developed and been maintained in accordance with community legal awareness. The advantage of implementing this law is that it is not written, and so the customary law is resilient and has the ability to adjust in every condition. On the contrary, because this law is unwritten, this law therefore has major shortcomings, which are lacking terms of legal certainty. The ruling of several similar cases might be different from one to another. Adat Law was first introduced by an Orientalist scholar, who was employed to advise the Dutch Colonial Government on religious and native affairs. In his book of 1983, ‘De Atjehers ’, Professor Dr. C. Snouck Hurgronje mentions the term Adat law as a ‘ Adatrecht ’ (in Dutch) in order to give a name to a system of social control living in Indonesian society. The term was later scientifically developed by Cornelis van Vollenhoven , known as an expert in customary law. In his book, van Vollenhoven divides Indonesia into 19 customary regions. The customary law is enforced by the tribe leaders as highly respected leaders with great influence in the environment of indigenous peoples to maintain the integrity of the prosperous life. In terms of the development of customary law, it is usually unwritten and maintained through the people’s legal awareness. The legal recognition of Adat Law in the Indonesian legal system is stated in Law No. 4 of 2004 concerning Judicial Authority

2. In Article 28 of the law, it is stated clearly that judges should observe or learn the local customs and customary law before rendering a decision as to whether or not to punish the suspect in cases relating to local customs. Customary law is still recognized and even accommodated within Indonesian Law— even though its roles are only limited in certain areas, such as in the agrarian sector, as stipulated in Law No. 5 of 1960, which recognizes the existence of customary law in land ownership. Snouck Hurgronje made an assumption concerning what came to be referred to as the reception of law in society. If his predecessors had assumed that Muslims follow Islamic law unless proven otherwise, he argued that, only when one could ascertain that an element of Islamic law had been received in to local usage, should it be enforced. Van Vollenhoven , in his book ‘De ontdekking van het Adatrecht ’ (Discovery of Customary Law), which was based on Snouck Hurgronje’s theory, asserted that Indonesia society had not yet adopted Islamic law but rather customary law in an effort to manage Indonesia as a peaceful society. Islamic law is not considered as an independent legal validity system, but rather must be associated with customary law when implemented. In Indonesia, not only do Islamic law and Dutch civil law serve as sources of law, but also customary law, which is in line with the principles of justice and which is accepted by society.

3. After reading the article, please decide the statements below as true or false! 1. Van Vollenhoven was the first scholar to discuss about customary law in his book ‘De ontdekking van het Adatrecht ’. 2. In Indonesia legal system, judges have to learn and examine local customs and customary law before making a verdict regarding to local customs. It is regulated in Law No. 5 of 2004. 3. According to Snouck Hurgronje , Indonesia had not used Islamic law purely at this moment, but customary law along with Islamic law associated together to create a peaceful society. 4. Adat or customary law is never written since its development, but its implementation is beneficial because it can adjust in every circumstance. 5. Islamic, Dutch, and customary laws may exist independently without referring to general principle law system in Indonesia. 6. Customary law was flourished by high chief of tribe to create their influence to society. 7. Law No. 5 of 1960 regulates about the limited access of customary law for certain areas, for example the regulation of land ownership. 8. Islamic law must stand above the customary law in its implementation in Indonesia. 9. Dr. C. Snouck Hurgronje discussed the word Adat to describe public rules in Indonesia. 10.Indonesia has more than 300 cultures with their own customary law