EKSISTENSI DAN PENGATURAN KESATUAN MASYARAKAT HUKUM ADAT SEBAGAI SUBYEK HUKUM TATANEGARA

Johan Erwin Isharyanto

Abstract


In the era of independence, guided democracy, the new order, until the era of
governance reform in Indonesia tended to override the importance of diversity.
Power consolidation tends to deny the existence of customary law community units
and is usually accompanied by etatism tendencies. This article describes how the
existence and regulation of customary law community units as subjects of
Constitutional Law. The conclusion obtained is that the existence and regulation of
customary law community units as subjects of constitutional law in the legal system
of the Republic of Indonesia constitution is guaranteed and recognized based on the
provisions of Article 28 B paragraph (2) article and 28 I paragraph (3) of the 1945
Constitution, as well as in Article 6 UU no. 39 of 1999 concerning human rights


Keywords


Existence of Customary Law, Constitutional Law Subject

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