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 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:	Martika Dini Syaputri
Date Deposited:	05 Apr 2022 06:00
Last Modified:	19 Jan 2023 09:07
URI:	https://repositori.ukdc.ac.id/id/eprint/1100

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