Aspek Hukum Peradilan Adat di Indonesia Periode 1602 – 2009

ABSTRACT: Indonesian legal system recognizes 5 (five) formal legal sources, namely; act, judge decision, treaty, expert view, and customary law. Custom subsystem is unwritten law or more well known as customary law. The source of customary law has been implemented earlier before the written one followed by modern society. However, in the fact, customary law development in material meaning and judicial customary law in the meaning of formal law always faces constraints especially from positivism legal concept from time to time. Therefore, this research aims to focus on the history of the development of judicial customary law in Indonesia since the colonial period 1602 till the period after the MoU Helsinki in Aceh. The historic legal approach is applied by exploring how acts provide space for enhancing the system. It is hoped that this research might be useful for academics in terms of enriching the knowledge and the position of the judicial customary law in Indonesia. Judicial Customary Law Aspect in Indonesia in the Period 1602-2009