Simbur Cahaya Customary Law in Sociological Jurisprudence Perspective

Abstract

The sociological jurisprudence school of law is a school of law that intervenes in the pattern and color of legal configuration. Both in various norms and practices in the field. Sociological jurisprudence seeks to produce a relationship of certainty between civil law as positive law and customary law as living law in Indonesia. This study aims to examine and provide an overview of the perspective of the sociological jurisprudence school of thought on the existence of customary law in Indonesia and the extent of the relationship between customary law and positive law in Indonesia. The method used in this study is a normative juridical research that focuses on the study of various laws and theoretical concepts. The results of the study indicate that the concept of customary law as part of the State of Indonesia when viewed from the perspective of Sociological Jurisprudence as a law that grows and lives in society. Legally, the traditional rights of customary law communities are also constitutional rights because they are stated in the constitution, as stated in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This constitutional provision recognizes the position of customary law within the framework of Indonesian law, as long as it is still relevant and in line with national development and the principles of a unitary state.