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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]
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 ...
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]
An amalgam of Roman-Dutch civil law and English common law, as well as Customary Law. Sri Lanka: An amalgam of English common law, Roman-Dutch civil law and Customary Law: Thailand: The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, Indian and American laws and practices.
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.
The National Intangible Cultural Heritage of Indonesia is a "living culture" that contains philosophical elements from the traditions of society and is still handed down from generation to generation. Edi Sedyawati (in the introduction to the Intangible Cultural Heritage Seminar, 2002) added an important element in the notion of intangible ...
Under the Dutch legal system, Europeans were granted rights and family law matters were controlled by customary or religious law. In 1945, Indonesia declared independence and drafted a constitution which provided in Chapter X Article 27, "without any exception, all citizens shall have equal position in Law and Government". [56]
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 ...