Harmonization of the Application of Customary Law and Positive Law in Village Communities of Malang Regency

Suryawati, Nany and Syaputri, Martika Dini (2021) Harmonization of the Application of Customary Law and Positive Law in Village Communities of Malang Regency. International Journal of Applied Business and International Management (IJABIM), 6 (2). pp. 1-12. ISSN 2614-7432 / E-ISSN: 2621-2862

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Abstract

Ngadas Village is a village with an interesting order of life and customs like many other villages. The people have lived long with the customs and norms of local wisdom. Our study aims to investigate the harmonization of both customary law and national law in Ngadas Village. The customary law includes the local wisdom value as a philosophy and obeys positive law. To understand the harmonization, we use an empirical juridical approach in understanding the role of government officials in preserving customs and positive law. Subsequently, we discuss the harmonization through the role of government officials covering aspects of community life. Our findings indicate that the positive law serves as a reference to the customary law. The customary law is in line with national interests and laws and national law. Likewise, the customary law is in harmony with religious elements. This denotes the importance of the village's official roles for the local community's interests.

Item Type: Article
Uncontrolled Keywords: Harmonization, Implementation, Law, Positive Law, Traditional Law
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Prodi Ilmu Hukum
Depositing User: Nany Suryawati
Date Deposited: 24 Aug 2021 08:27
Last Modified: 24 Aug 2021 08:27
URI: http://repositori.ukdc.ac.id/id/eprint/827

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