SEJARAH DAN KEDUDUKAN HUKUM ADAT DALAM PEMBANGUNAN HUKUM NASIONAL

Abstract

Indonesian society encompasses a diversity of ethnicities, religions, and cultures, which have formed a unity within the Unitary State of the Republic of Indonesia. Customary law is a system of unwritten social control that is important in society to provide characteristics and identity to the nation. The concept of customary law in Indonesia originates from the term "Adatrecht," first introduced by Snouck Hurgronje and further developed by Van Vollen Hoven. Customary law is defined as unwritten rules that serve as guidelines for the majority of Indonesian society in their daily lives. Sources of customary law are distinguished into "welbron" (the concept of justice within society) and "kenbron" (the source where customary law can be found). These sources include customs, traditional culture, customary proverbs, historical documents, legal texts, and values that grow within society. The history of customary law can be divided into several periods, from before the arrival of Western nations to the post-independence era of Indonesia. The Dutch colonial period influenced the recognition and treatment of customary law, which continued into the post-independence period. Customary law holds an important position in Indonesia's national legal system. Despite being unwritten and not officially recognized, customary law is acknowledged in the 1945 Constitution. Recognition of customary law is evident in various legislative regulations, indicating the importance of preserving traditional values in the development of national law.