Supremacy of Ethic: National Law, Customary Law and Islamic Law Collided
- DOI
- 10.2991/iconeg-16.2017.29How to use a DOI?
- Keywords
- conflict of laws; legal collision; ethic supremacy; national law; adat law; customary law; Islamic law; law as integrity.
- Abstract
Indonesia is a Nation that embraces many different ethnic groups. Each of them has its own customary law, which has been implemented for centuries. Even though Indonesia is regulated by its rules of law, for the private matters, some customary laws and Islamic law are still applicable. Problems are arisen when rules regarding certain things in customary or Islamic laws and national law are conflicting. The solution is usually a traditional approach that put supremacy of national law. Many indigenous people who have bound by their customary law or Islamic law for decades, cannot easily accept enforcement of the national law. Therefore, positivistic approach per se will potentially create more problems. This paper will examine how ethics or morality may play important roles in determining what is the best solution that can maintain the balance of principle of legal certainty and principle of fairness.
- Copyright
- © 2017, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Ida Susanti AU - Tanius Sebastian PY - 2016/12 DA - 2016/12 TI - Supremacy of Ethic: National Law, Customary Law and Islamic Law Collided BT - Proceedings of the International Conference on Ethics in Governance (ICONEG 2016) PB - Atlantis Press SP - 116 EP - 119 SN - 2352-5398 UR - https://doi.org/10.2991/iconeg-16.2017.29 DO - 10.2991/iconeg-16.2017.29 ID - Susanti2016/12 ER -