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Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law.Before European presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat (unwritten, traditional rules still observed in the Indonesian society). [1]
Adat Perpatih (also known as Lareh Bodi Caniago in Indonesia) are customary laws which originated in the Minangkabau Highlands in Sumatra, Indonesia. It was founded by a Minangkabau leader named Sutan Balun, more famously known as Dato Perpatih Nan Sebatang.
Several key concepts that are still being used today within the customary law research in modern Indonesia are: adatrecht ('adat law'), adatrechtskringen ('adat law circles'), beschikkingsrecht (communal rights over land or 'right to avail'), and adatrechtsgemeenschappen ('adat law communities'). [12]
This simple procedure seems to be in line with Law Number 1 of 1974 article 2 paragraph 1 which reads: "Marriage is legal if it is carried out according to the laws of each religion and belief." From this article, it seems that it provides opportunities for elements of customary law to follow and even integrate with Islamic law in marriage.
Customary law is a recognized source of law within jurisdictions of the civil law tradition, where it may be subordinate to both statutes and regulations. In addressing custom as a source of law within the civil law tradition, John Henry Merryman notes that, though the attention it is given in scholarly works is great, its importance is "slight ...
The contemporary national legal systems are generally based on one of four major legal traditions: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. [ 1 ]
Kasepekang is a punishment under Balinese customary law.The persons (or entire families) subject to it are shunned by their local community. [1]It is the most severe sentence imposed by traditional authorities such as village councils, which also impose lesser sanctions such as fines or public shaming.
Customary land is land held under customary land tenure and the enjoyment of some use of land that arises through customary, unwritten practice rather than through written codified law. [1] It is the tenure usually associated with indigenous communities and administered in accordance with their customs, as opposed to statutory tenure usually ...