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

Kalalo, Julianto Jover Jotam and kalalo, Chintya novita and fitriani, fitriani and rahail, emiliana b and pasaribu, yenni pintauli (2018) Political Dichotomy of Indonesian Legislation Regulations with Local Law Customary Politics in the Border Area. In: 1st International Conference on Social Sciences (ICSS 2018), oktober 2018, bali indonesia.

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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. Keywords— Dichotomy, Legislation, Customary Law Politics, Border Regions.

Item Type: Conference or Workshop Item (Speech)
Uncontrolled Keywords: Dichotomy, Legislation, Customary Law Politics, Border Regions
Subjects: H Social Sciences > H Social Sciences (General)
Divisions: Fakultas Ilmu Sosial dan Ilmu Politik > Administrasi Negara
Depositing User: Fitriani Fitriani
Date Deposited: 10 May 2019 04:57
Last Modified: 10 May 2019 04:57
URI: http://eprints.unmus.ac.id/id/eprint/211

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