Open AccessRestore Recognition Of Legal Pluralism As A National Law Development Model That Is Justice
Author(s) -
Jati Nugroho
Publication year - 2021
Publication title -
law and justice review journal
Language(s) - English
Resource type - Journals
ISSN - 2798-8910
DOI - 10.11594/lrjj.01.01.05
Subject(s) - legal pluralism , law , political science , politics , legal realism , constitution , legal research , sociology
Article 18 B paragraph (2) of the 1945 Constitution explains that the state recognizes and respects the customary law community and their traditional rights as long as they are still alive. The purpose of macro-legal politics that accommodates written and unwritten laws is implemented in a variety of messo (intermediate) legal politics through various laws.
During this time the recognition of the existence of customary law as a manifestation of recognition of legal pluralism for example in Agrarian Law is often ignored. Then it takes recognition of strong legal pluralism in supporting legal development in Indonesia regulated in Law no. 17 of 2007 concerning the National Long-Term Development Plan of 2005. with due regard to the plurality of applicable legal arrangements.