Universitas Indonesia Conferences, 7th International Symposium of Journal Antropologi Indonesia

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The Impacts of Adat Law Marginalisation on Adat Communities
Tine Suartina

Building: Soegondo Building
Room: 709
Date: 2019-07-25 08:30 AM – 10:00 AM
Last modified: 2019-06-21

Abstract


This paper is an attempt to assess the marginalisation of adat law within the context of the development of national law in Indonesia. By assessing these seemingly complex processes of the national law development, it shows that adat law as stated in the Constitution has been disregarded.

Based on ethnographic fieldwork in three adat communities, mainly Kasepuhan Ciptagelar, Kasepuhan Karang and Kasepuhan Guradog in western parts of Java, it was found that marginal livelihoods have partly resulted there from the lack of state recognition of the existing adat law.

This paper argues that the impacts of state policy that remains uncommitted on embracing adat law into the national law play a special role in continuing marginalisation of these three communities to various degrees. The study demonstrates that, even despite the practical lack of recognition and adoption of adat law by the state, in some instances adat communities could find their own way to adopt strategies to improve their lives.

Keywords: adat law, adat communities, marginalisation