Dilemma Formation Of Customary Court In Indonesia's Justice System

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Efa Laela Fakhriah, Hazar Kusmayanti

Résumé

Customary justice are the strong by the political system that works in the issue of law and society. Such explanation is relevant to discuss, how is the actual realization of the plan to establish an customary court as a formal court in Indonesia. Due to the application of the customary court, it becomes a dilemma. The approach method used in research is normative juridical through the principles of law, legal systematics, law synchronization, and legal comparison. The results of the study were obtained, there is no need for a customary judicial arrangement in the form of legislation, because customary judicial jurisdiction has its own character that distinguishes it from state justice. establishing a customary court violates the provisions of Article 24 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The study provides a descriptive Customary justice, which utilizes customary law and or legal systems, actually has its own system logic and principles. This research shows that customary courts are not part of state justice,but its existence is still recognized and respected by law as long as it does not violate the provisions of the law.

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