Obstacles and Solutions in Upholding Customary Law in Indonesia: R. Soepomo's Perspective
Abstract
"Obstacles and Solutions in Upholding Customary Law in Indonesia: R. Soepomo’s
Perspective" described the long journey of customary law in Indonesia as an
inseparable part of the culture and traditions of the local people. However, in
recent years, customary law enforcement faced various obstacles that hinder its
implementation. Indigenous law is not only an important tool in maintaining
cultural sustainability and the rights of indigenous peoples, but also played an
important role in protecting cultural diversity and the preservation of natural
resources. One of the key figures who haved an important view of customary law in
Indonesia is R. Soepomo, a nationalist figure, scholar, national hero, father of the
constitution, figure who drafted the 1945 Constitution and the 1950 Constitution
and the first professor of customary law in Indonesia. He understands the
importance of customary law in harmonising the national legal system with local
values. This research aims to identified and analysed the main obstacles in
customary law enforcement in Indonesia, as well as presented solutions in
overcoming existing challenges using the R. Soepomo perspective. Soepomo as a
theoretical basis. These barriers include pluralistic elements of society, cultural
diversity, government policies, the role of customary law enforcement, the conflict
between customary law and positive law, and human rights that together affected
the recognition, protection, and enforcement of customary law. Through this
research the author wanted to clearly described how R. Soepomo views. Soepomo
about the challenges in enforcing customary law in Indonesia, as well as the
solutions he provided, which can still be applied today by going through several
adjustments, such as harmonisation of customary law.
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