Hubungan antara hukum adat masyarakat sumba dengan hukum positif di Indonesia terhadap penyelesaian masalah hukum = Relationship between sumba community laws and positive laws in Indonesia against completion of legal problems
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Institusion
Universitas Pelita Harapan
Author
Nassareto, Johanes
Subject
K Law (General)
Datestamp
2021-01-25 01:29:09
Abstract :
As a form of local wisdom, Marapu is a way to solve problems in the Sumba community with natural / animal media, although some of their actions are indicated to violate human rights. Customary Head decides with animal media that is chicken liver or pig liver to look for clues to the truth of an issue. The purpose of this study is to see the existence of harmonization between the customary law of the Sumba people, Marapu's beliefs and positive law in Indonesia. This reconstruction is not a form of downplaying or negating hereditary trust / customary law agreements but aims to provide legal certainty, protection for the human rights of the people of Sumba in accordance with Pancasila and the Constitution of the Republic of Indonesia and human rights values. The method used is normative empirs, by interviewing the traditional head of Sumba, the Pastor at STT GKS. The result of this paper is the existence of an integrated relationship between positive Indonesian law and Marapu customary law.
As a form of local wisdom, Marapu is a way to solve problems in the Sumba community with natural / animal media, although some of their actions are indicated to violate human rights. Customary Head decides with animal media that is chicken liver or pig liver to look for clues to the truth of an issue. The purpose of this study is to see the existence of harmonization between the customary law of the Sumba people, Marapu's beliefs and positive law in Indonesia. This reconstruction is not a form of downplaying or negating hereditary trust / customary law agreements but aims to provide legal certainty, protection for the human rights of the people of Sumba in accordance with Pancasila and the Constitution of the Republic of Indonesia and human rights values. The method used is normative empirs, by interviewing the traditional head of Sumba, the Pastor at STT GKS. The result of this paper is the existence of an integrated relationship between positive Indonesian law and Marapu customary law.
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