PHI 14 - Asas asas Hukum Adat

Summary

This video lecture provides an overview of Indonesian customary law (Hukum Adat), highlighting its principles, history, and application. It explains key concepts such as adat as a living law in society, its legal foundations, and the role of figures like Christian Snouck Hurgronje and Cornelis Van Vollenhoven in its development. The lecture explores various aspects, including territorial legal communities, marriage systems (endogamy, exogamy, and eleutherogamy), inheritance laws, and land rights in traditional communities. Ultimately, the video aims to present the core features of Indonesian customary law, providing an accessible introduction for students.

Takeaways

• 😀 Hukum Adat (Customary Law) is a living tradition in society, having legal consequences and deeply rooted in the community's conscience.
• 😀 Christian Snouck Hurgronje and Cornelis Van Vollenhoven were pivotal in the development and study of customary law in Indonesia.
• 😀 There are 19 different customary law environments in Indonesia, as classified by Van Vollenhoven, based on regional distinctions.
• 😀 Customary law can be divided into three types of legal communities: geological, territorial, and territorial-geological.
• 😀 A geological legal community is based on kinship, such as patrilineal (Batak, Minangkabau), matrilineal (Minangkabau, Sumba), and bilateral systems (Javanese, Acehnese).
• 😀 Territorial legal communities are based on geographical locations, such as villages or specific regions with their own governance and traditions.
• 😀 Territorial legal communities may also form alliances, such as village cooperatives or confederations of neighboring villages, with shared interests and mutual agreements.
• 😀 In customary marriage law, three systems are recognized: endogamy (marriage within one's own clan), exogamy (marriage outside one's clan), and eleutherogamy (a more flexible system of marriage).
• 😀 The kinship system in Indonesia varies, including patrilineal (inheritance through the father's line), matrilineal (inheritance through the mother's line), and parental (equal inheritance from both parents).
• 😀 There are three systems of inheritance in customary law: individual inheritance, collective inheritance (as seen in Minangkabau), and mayoral inheritance (where inheritance passes to one child, often the eldest).

Q & A

What is adat law, and how is it defined in the context of Indonesian law?

Adat law refers to customary law that originates from the traditions and practices of local communities in Indonesia. It is a living law that is deeply rooted in the conscience and cultural values of society, regulating behaviors and social norms within specific regions.

Who are the key figures in the study of adat law in Indonesia, and what contributions did they make?

Christian Snouck Hurgronje and Cornelis Van Vollenhoven are key figures in the study of adat law in Indonesia. Hurgronje introduced the term 'adat law' in his book *De Atjehers* in 1893, while Van Vollenhoven expanded on it and categorized the different adat law systems in Indonesia, earning him the title of the 'father of adat law'.

What are the four main principles of adat law decision-making mentioned in the script?

The four main principles of adat law decision-making are: (1) the principle of mutual cooperation (gotong royong), (2) the social function principle of humans and property in society, (3) the principle of consensus as a foundation for public authority, and (4) the principle of justice.

What is the concept of 'persekutuan hukum adat' (customary law associations) and how is it structured?

'Persekutuan hukum adat' refers to the legal communities formed based on customary law. Van Vollenhoven categorized these into 19 different regions in Indonesia, each with its own unique legal practices. The structure of these communities can be territorial, based on kinship, or based on the intersection of both.

How does the territorial law association function, and what is an example of it?

The territorial law association is based on a specific geographical area, where membership depends on the place of residence. An example is the 'persekutuan desa' (village association), where people living in the same village form a legal community governed by local customary law.

What are the three types of marriage systems recognized under adat law in Indonesia?

The three types of marriage systems under adat law are: (1) endogamy, where individuals marry within their own clan or group, (2) exogamy, where individuals marry outside their clan or group, and (3) eleutherogamy, which has no restrictions and allows individuals to marry outside or within any group.

What are the differences between patrilineal, matrilineal, and parental family systems in Indonesian adat law?

The patrilineal system traces descent through the father's side, common in communities like the Batak and Sumba. The matrilineal system traces descent through the mother's side, seen in groups like the Minangkabau. The parental system recognizes both paternal and maternal family lines, with individuals belonging to both sides.

What are the three inheritance systems in adat law, and how do they differ?

The three inheritance systems in adat law are: (1) individual inheritance, where property is divided among heirs, (2) collective inheritance, where property is shared among a group of heirs as a collective asset, and (3) mayorat inheritance, where inheritance is passed on to a single heir, often the eldest child.

How does adat land law function, and what are the key elements involved in land transactions?

Adat land law regulates the ownership, maintenance, and transfer of land rights. There are three types of land transactions under adat law: (1) a transaction where land is sold with the option for the seller to repurchase it, (2) a permanent sale with no right to repurchase, and (3) a transaction where land is sold with an agreement for it to return to the seller after a set period.

What is the significance of adat law in the daily lives of Indonesians, and how is it applied?

Adat law plays a significant role in the daily lives of many Indonesians, especially in rural areas. It is applied in various aspects such as family life, marriage, inheritance, and land ownership. Customary law is often integrated into the formal legal system, influencing decisions and resolving conflicts based on community traditions.