Political Dichotomy of Indonesian Legislation Regulations with Local Law Customary Politics in the Border Area

DOI

10.2991/icss-18.2018.290How to use a DOI?

Keywords

dichotomy, legislation, customary law politics, border regions

Abstract

The condition of the border areas inhabited by indigenous and tribal community associations that are separated by the State boundary line has led to the application of different laws. The concept of dualism even more in the application of the law is a reality that exists in the border area. The position of national law which is in line with customary law turns out to still have a gap entered by the laws of other countries which are none other than neighboring countries. The existence of this pluralistic law causes a lack of harmony in the legal arrangements that are applied in border areas so that it has an impact on the application of the fair law and legal certainty in border areas. The results of the analysis show that the dichotomy of regulations often occurs in contradictions and differences in the application of the law from each of these legal arrangements, this is due to the customary politics of the border areas that seek the truth in the application of the law. The position of national law has not guaranteed the existence of legal arrangements that exist in the border area because the customary law in the border area has a strong position in the application of the law in its customary law alliance. National law feels difficult to become a legal basis in border areas because of the existence of stronger customary law in its implementation.

Copyright

© 2018, 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/).

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TY  - CONF
AU  - Julianto Jover Jotam Kalalo
AU  - Chyntia Novita Kalalo
AU  - Ms Fitriani
AU  - Emiliana Bernadina Rahail
AU  - Yenni Pintauli Pasaribu
PY  - 2018/10
DA  - 2018/10
TI  - Political Dichotomy of Indonesian Legislation Regulations with Local Law Customary Politics in the Border Area
BT  - Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)
PB  - Atlantis Press
SP  - 1377
EP  - 1383
SN  - 2352-5398
UR  - https://doi.org/10.2991/icss-18.2018.290
DO  - 10.2991/icss-18.2018.290
ID  - Kalalo2018/10
ER  -