Integration of Customary Law in Marital Disputes in Indonesian Religious Courts
Journal: International Journal of Scientific Engineering and Science (Vol.8, No. 7)Publication Date: 2024-07-15
Authors : Irwan Haryowardani;
Page : 28-30
Keywords : ;
Abstract
This research examines the integration of customary law in the resolution of marital disputes in Indonesian Religious Courts using a normative legal approach and secondary data sources. Indonesia, with its rich cultural heritage and ethnic diversity, has strong customary traditions that influence various aspects of life, including marriage and family. Religious Courts in Indonesia not only adhere to Islamic law but also consider customary law prevailing in the community to achieve substantive justice. The secondary data in this study includes legislation, court decisions, academic literature, official documents, and legal databases. The analysis is conducted through the identification, interpretation, and evaluation of legal norms and court decisions related to the integration of customary law. The research findings indicate that the integration of customary law is crucial in ensuring that court decisions are accepted by the community, reflect local values, and maintain social harmony. This study concludes that a sensitive and inclusive approach to customary law in religious courts can enhance public trust in the judicial system and provide more holistic justice
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Last modified: 2024-08-12 19:48:42