Adat Law in Indonesia

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ADAT LAW Traditional Law in a Globalizing World Myths, Stereotypes, and Transforming Traditions (Analysis Regarding Van Vollenhoven Lecture) Created by Alard Tirta Andika 12/336216/HK/19293 Delima Wahyu Maulidya 12/327747/HK/18997 Kay Jessica 12/327750/HK/19000 Ratna Kartika Setiarso 12/326649/HK/18981 Rizki Tamimi 12/327749/HK/18999 Analysis Regarding Van Vollenhoven Lecture: What is Adat Law? Based on the book ‘The Revival of Tradition in Indonesian Politics’, some scholars opined that there are confusions regarding adat law. First of all, most of the scholars thought that the term 'adat law' did not seem related to what was going on in the life of the Indonesian people. Secondly, there is question arising; Whether there is something in the life of adat that can be labeled as ‘law’? This became a question whether the book referring from the life of adat in Indonesia, because the term of adat law or adatrecht was actually a new Dutch concept. Van Vollenhoven stated that adat law is the totality of the rules of conduct for yhe natives and foreign oriental that settled down in Indonesia at that moment. On the one hand, those rules have sanctions or punishment for the people who breached it (therefore: law), but on the other hand, those rules are not codified (therefore: adat). From this point of understanding, Van Vollenhoven emphasized that there is no clear line in defining legal and adat aspects, it is sometimes difficult to distinguish one from another. From the Burns’s point of view, he conclude that adat law cannot be entitled as a law because he argues that if adat really a law, then it should be enforced by the sovereign state; not only practiced by an ethnic group.

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