{"title":"国家法律并存下印尼习惯法执法的挑战","authors":"Orien Effendi","doi":"10.14421/ajish.v56i1.1033","DOIUrl":null,"url":null,"abstract":": This article examines the challenges that arise from implementing customary law in Indonesian society amidst the predominance of state law. The data was collected from primary and secondary legal materials as well as facts on the ground. Applying a juridical-empirical approach, this study identifies various factors that contribute to difficulties in the application of customary law, including the tendency for law enforcers to prioritize state law over customary law, and the textual understanding of law that permeates legal discourse. Furthermore, efforts to unify the law have also created additional problems for customary law. In addition, this article also finds evidence that a number of concepts offered by experts in overcoming this problem are in fact not able to guarantee the application of customary law in the life of Indonesian society. Thus, it is necessary to support these proposals with legal-political changes that can ensure the existence and enforceability of customary law in Indonesian society.","PeriodicalId":138405,"journal":{"name":"Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum","volume":"202 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"The Challenge of Indonesian Customary Law Enforcement in the Coexistence of State Law\",\"authors\":\"Orien Effendi\",\"doi\":\"10.14421/ajish.v56i1.1033\",\"DOIUrl\":null,\"url\":null,\"abstract\":\": This article examines the challenges that arise from implementing customary law in Indonesian society amidst the predominance of state law. The data was collected from primary and secondary legal materials as well as facts on the ground. Applying a juridical-empirical approach, this study identifies various factors that contribute to difficulties in the application of customary law, including the tendency for law enforcers to prioritize state law over customary law, and the textual understanding of law that permeates legal discourse. Furthermore, efforts to unify the law have also created additional problems for customary law. In addition, this article also finds evidence that a number of concepts offered by experts in overcoming this problem are in fact not able to guarantee the application of customary law in the life of Indonesian society. Thus, it is necessary to support these proposals with legal-political changes that can ensure the existence and enforceability of customary law in Indonesian society.\",\"PeriodicalId\":138405,\"journal\":{\"name\":\"Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum\",\"volume\":\"202 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-06-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.14421/ajish.v56i1.1033\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.14421/ajish.v56i1.1033","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Challenge of Indonesian Customary Law Enforcement in the Coexistence of State Law
: This article examines the challenges that arise from implementing customary law in Indonesian society amidst the predominance of state law. The data was collected from primary and secondary legal materials as well as facts on the ground. Applying a juridical-empirical approach, this study identifies various factors that contribute to difficulties in the application of customary law, including the tendency for law enforcers to prioritize state law over customary law, and the textual understanding of law that permeates legal discourse. Furthermore, efforts to unify the law have also created additional problems for customary law. In addition, this article also finds evidence that a number of concepts offered by experts in overcoming this problem are in fact not able to guarantee the application of customary law in the life of Indonesian society. Thus, it is necessary to support these proposals with legal-political changes that can ensure the existence and enforceability of customary law in Indonesian society.