Rekonstruksi Local Wisdom Menghadapi Determinasi Hukum Positif (Peraturan Desa Tentang Pelanggaran Kesusilaan di Kabupaten Temanggung)

Abstract

The background of this research is the fact Local Wisdom as a variable that constructs village regulation is still considered weak to be used as a legal instrument and to deal with the determination of positive law. With such background, this research aimed at fmding out about the Reconstruction of Local Wisdom to be Village Regulation in dealing with the Determination of Positive Law, in the form of a case study of Village Regulation on Moral Violations in Temanggung Regency. This was a descriptive-explanatory research. The informants were selected through purposive samplin8, that included community figures, religious figures, and village apparatus. The data analysis was performed in the forms of three simultaneous activities, namely data condensation, data display, and conclusion drawing. The results showed that: (1) The dynamics of the local wisdom among people in T emanggung Regency is changing as time goes by. The changes, however, are still within al-'uri al-shahih so that al-'dah muhakkamah is sti1l relevant. The dynamics of local wisdom are based on three principles, namely harmonious, fit, and proper principle. The use of such three-principle approach and the dynamics is carried out by considering place, time, and condition (village, kala, patra); (2) The dynamics of the people in Temanggung Regency are faced with positive law, evident by the fact that these people feel worried when their personal rights are violated by cases which are against the norms and religious teachings that they uphold. Nonetheless, they do not have the courage to implement customary law because they have fear that it will conflict with the applicable positive law. Such fear has become a very strong determination among the society, where they believe if they punish someone according to customary law, they can possibly be sued; (3) Village regulations are stipulated by Head of Village together with Village Consultative Board in order to run village administration by taking into account place, time, and condition (village, kala, patra); (4) The implementation of Village Regulation (Perdes) is not yet popular compared with the implementation of other legislations