Development of Customary Law System in the National Legal System

Mhd Azhali Siregar, Madiasa Ablisar

2018

Abstract

The concept of recognition of the existence of indigenous peoples is a concept of limited recognition that the indigenous peoples are acknowledged to exist along with their rights as long as they are not against the interests countries and statutory provisions. The consequence of such a concept of recognition, as a direct derivative of the concept of a State of Law, is that if there is any existence of indigenous peoples and their rights and interests that are contrary to the interests of the state (national interest), or if there is a rule of customary law that is contrary to the rule the positive law of the state in the legislation, the existence of indigenous peoples and their traditional interests and rights can be ignored. The contradiction of interests between the parties, each of which based itself on the normative order of the legal system completely different from each other, namely between customary law used as a basis for thinking and acting of indigenous peoples and positive law used as the basis for thinking and acting for society.

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Paper Citation


in Harvard Style

Siregar M. and Ablisar M. (2018). Development of Customary Law System in the National Legal System.In Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramification Researches - Volume 1: ICOSTEERR, ISBN 978-989-758-449-7, pages 1474-1478. DOI: 10.5220/0010082614741478


in Bibtex Style

@conference{icosteerr18,
author={Mhd Azhali Siregar and Madiasa Ablisar},
title={Development of Customary Law System in the National Legal System},
booktitle={Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramification Researches - Volume 1: ICOSTEERR,},
year={2018},
pages={1474-1478},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010082614741478},
isbn={978-989-758-449-7},
}


in EndNote Style

TY - CONF

JO - Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramification Researches - Volume 1: ICOSTEERR,
TI - Development of Customary Law System in the National Legal System
SN - 978-989-758-449-7
AU - Siregar M.
AU - Ablisar M.
PY - 2018
SP - 1474
EP - 1478
DO - 10.5220/0010082614741478