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Jurnal Hukum WIDYA YURIDIKA, Vol. 16, No. 1, Januari 2008 ISSN: 1411-0652
LEGISLASI DALAM KEMAJEMUKAN TRADISI HUKUM
Oleh: Anis Ibrahim
Abstract:
At present and in the future, the development and developing of law in Indonesia through legislation is a necessity.
It is reinforced by the publication of the UUP3.
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This kind of legislation cannot be separated from a modern framework of law aristing from a Civil Law Tradition. Concerning with Indonesian people who rooted in a traditional law, can they obey the tradition of the modern law that is not their own?
Moreever, it seems that the constitution adopted in Indonesia also marginalizes the traditional law. In this condition, it is necessary to systematically try to make use of the traditonal law and the modern law in a parallel position in the process of legislation.
Or at least, the principles of the traditional law should be taken into account and referred in each legislation in Indonesia.
