Adat Law

By: Nisha Ardhayani

145010100111018
Yoga Agung P
145010100111021
Tiffany Ardiati R. U
145010107121004

DEFINITION
Prof. Mr. Cornelis van Vollenhoven
Adat law is overall positive behavior rules on the one hand
has sanctions (law) and on the other hand in the absence of
codified (custom).

Ter Haar
Adat Law covers all regulations incarnate in decisions on
legal officials, who have the authority and influence, as well
as in its implementation immediately and whole heartedly
obeyed by those who are governed by the decision.

SOURCES OF LAW
Welbron
is a source of adat law in the true sense. Welbron adat law are beliefs
about justice in a particular society. In other words Welbron it is the
concept of justice of a society, such as Pancasila for the Indonesian people.
Kenbron
Kenbron is a source of adat law in the sense in which adat law can be
known or discovered. In other words, the source of which the principles of
adat law put himself in the community so that it can easily be known.

Source of law considered by Kenbron:

1. Customs.
2. Jurisprudence.
3. The norms of Islamic law that has seeped into the social mores of the
native Indonesia.
4. Books Adat law.
5. Books Standards on Adat law.
6. Expert Opinion Adat law.

THE MAIN PRINCIPLES OF ADAT

LAW

Religio Magis
Believe in the spirit world, unseen things, magical and
supernatural power.

Common
Common interest is more important than self interest.

Contant
Rights and obligation transferred together in one time

Concrete
There have to be a real action.

PARTY
1. Suspect
2. Defendant
3. Witnesses
4. Victim
5. Judge
6.
Investigator

CASE
Victim : 13 Years Old Girl
Suspect : Joseph Mote
Case : sexual violent

SCOPE
According to the Van Vollenhoven, the scope of the Adat Law
consist of :
1. Form of the adats citizen
2. Person
3. Government and Justice
4. Family Law
5. Marriage Law
6. Inheritance Law
7. Land Law
8. Debt and Credit Law
9. Delik Law
10. Sanction System

Thank You!