Hamzah, Hamzah and MUHAMMAD, HAIDARSYAH and ZULKARNAIN, ZULKARNAIN (2020) CUSTOMARY LAW IMPACT IN THE DEVELOPMENT OF INDONESIA’S CRIMINAL CODE. Journal of Critical Reviews, 7 (3). pp. 233-236. ISSN 2394-5125

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Abstract

This research aims to understand the position of customary law as a source of national law from a dynamic process of Indonesia’s law development, especially criminal law. The research’s review focuses on literature methodology in correlation with the research. Customary law’s formation is considered as a unity of society’s behaviour for a long time and is taken as norms and guidance in manners. The term of Ubi Societes, Ibi Ius (where there is a society, there is the law) is true. Appointing custom law as one of the sources of law is a marking of Indonesia law renewal is very necessary since aspects of human lives are evolving. The result of research concludes that custom law is in stages of being forgotten in the system of national law. There is a strong perception of grounds that customary law deserves to be a part of the renewal of Indonesia’s criminal law because customary law is considered as an order of normative rules and has a flexible nature which later on these rules could be created and accepted by all layers of society

Item Type: Article
Uncontrolled Keywords: customary law, criminal law, customary institution
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Doktoral Ilmu Hukum
Depositing User: Mr Hamzah Hamzah
Date Deposited: 30 May 2020 08:25
Last Modified: 30 May 2020 08:25
URI: http://repository.lppm.unila.ac.id/id/eprint/21158

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