Traditional Society to Direction of Modernization using Empirical

and Comparative Approach in Legal Anthropology

Emy Handayani

, Gatot Rambi Hastoro

Faculty of Law, Diponegoro University, Semarang, Indonesia

Institute for Research and Community Services Sahid University, Jakarta, Indonesia

Keywords: Traditional Society, Modernization, Empirical and Comparative Approach, Legal Anthropology

Abstract: The traditional society and modern society provide an enormous influence in the life of social change society

to achieve progress and needed rules governing the life of society. Should change the traditional towards

modern society should be addressed properly for benefit of the next generation in social life through norms,

behaviours that avoid deviation of social change traditional and modern what we see at Dago Pojok at

Bandung City.

1 INTRODUCTION

Dago Pojok is a location which recently as one of

icons of Bandung, because in there, we can see

traditional society and modernization with the

concepts of Creative Village, society participation

indirectly adding society mind more advanced, so that

create society desire to go ahead and change the

direction of modern.

It can be concluded that the traditional community

turn out to be identical modern city, with variable

Talcot Parson who have relationship based on feeling,

action, interaction, communication turn into a special

group that is limited by space and time. Nevertheless

with the times, the Dago Pojok Creative Village

Bandung society has changed from a traditional

society towards a modern society.

The traditional values are not just limited to

formal institutions and individuals in people’s live

and have been accustomed to a paterns of behaviour

habits that modern because traditional cultural change

towards modern society, so that social change (

Akhmad Solihin ) can be seen from the technology

development as a means to a change of cultural

patterns in traditional although modern societies that

bring modern culture in all aspects of traditional

community life often happens when a traditional

society turn towards modern society.

To that end, the law protection in traditional and

modern society would able to protect its people in

avoiding the occurrence of deviations in social

change life so that forming a urbanity society who

regulated, orderly, comfortable, and give hope of a

future life better, as the embodiment of the Dago

Pojok creative village Bandung.

Social Change include elements of culture, either

in the form of material or immaterial, that the

emphasis is on the influence material culture elements

to immaterial elements ( William Ogburn )

2 FRAME THEORY

These changes include the structure , functions,

values, norms, institutions, and all aspects resulting

from the interaction between people, organizations or

communities, including changes in terms of culture (

Bagya Waluyo )

According to Gillin, understanding social change

is a variety of ways of life that have been received,

either because of changes in geographical conditions,

material culture, demographic composition,ideology

and for their diffussion or new discoveries in the

society

Social Change has characteristic that describe that

a certain society have changes toward progress.

Talking about the characteristic features of traditional

social change is a traditional change toward

modernization in social change society.

As the opinion of the expert of legal anthropology

named Sir Henry Maine, there are two main classes

Handayani, E. and Rambi Hastoro, G.

Traditional Society to Direction of Modernization using Empirical and Comparative Approach in Legal Anthropology.

DOI: 10.5220/0009872000002905

In Proceedings of the 8th Annual Southeast Asian International Seminar (ASAIS 2019), pages 53-56

ISBN: 978-989-758-468-8

of human society. First , traditional society, second

modern society in community.

1). Traditional Societies

Traditional term is derived from the tradition or

traditum which means something that is forwarded

from the past to the present. something that can be

passed on objects, and ideals that exist in a society.

Traditional society some are able to open themselves

to new discoveries and to the modern society. Its later

associated with social change. So for example

traditional societies have different characteristic with

modern society include

a) less oriented toward change

b) technology usage is simple or less advanced

c) the level of education is still low

d) communications which do with outside society

still so little

e) traditional term is derived from the latin word

“traditum” which means something that is

transmitted or passed from one generation to the

next. Something that can be passed on objects,

patterns of behaviour, value systems and norms

system, expectations and ideals that exist in a

society. Something that inherited can be : ( Roger

and Shoemalker )

1/ the value system, can be trust, belief, religion,

or idea

2/ how to life

3/ technology

4/ institutions or social institutions

So in traditional societies, general cultural elements

which bring social cultural changes are easily

accepted by local people for example in the elements

that easily adapt to the state of society that accepts the

element and is considered by local people bring big

benefits.

2). Modern Society

The modern term is derived from the word “modo”

which means “now”, so people considered modern if

its residents living with value systems, ways of

thinking, feeling and acting, new technology and

social organization, appropriate to the today

circumstances. Example of society is the city society.

Wilbert Moore contends the concept of

modernization is a complete transformation of

traditional or pre-modern society that it technology

pattern and social organization related such as on

progressive and prosperous country from economy

aspect and relatively stable from politic aspect and

relatively stable from politic aspect.

Soekanto Soerjono for modernization is a process

of becoming modern. So that modernization can be

interpreted as a way of life according to the

circumstances that now exist, or the present time.

Harsojo defining the term modern as an attitude

of mind which has a tendency to prioritize something

new compared to something that is tradition .

Definition modern society is a society that prefers the

rationality of science and technology as

manisfestation rather than anything that is tradition,

customs, and others.

The researcher decipher that a society can be

called a traditional society when living with a values

system, ways of thinking, feeling and acting,

technology and institution inherited from generation

are well maintained in traditional societies are rural

communities, that way to modern society.

Such as the opinion stated by Koentjaraningrat

stating that modernization as an effort to live

appropriate with era and the present world

constellation, example Dago Pojok village is a

traditional community that will cause change towards

modern society to have a symbol as the creative

village.

3 RESEARCH METHOD

to obtain the data are complete and accurate (Valid

and reliable), required certain methods ( Soekanto,

Soerjono )

1) Approach Method to legal anthropology, namely

is empirical and comparative approach. The

empirical approach is an approach that directly

view culture intheir communities and be more

relevant to the fact that eist in traditional and

modern societies

2) Research Population

The study population is the association of art and

culture Dago Pojok Village has an open space

with a settlement below 10.000, the population is

still rare 163 heads of household

3) Sources of Data

Primary law materials (literature review, the

literature related to this research). Secondary law

materials consists of research results, scientific

journals related to the object under research, and

laws and regulations in force.

4) Data Collection Methods

Researcher obtain resources through

interview/interviews with respondents are

required to explore the data in Dago Pojok

ASAIS 2019 - Annual Southeast Asian International Seminar

Village, such as initiator creative activities does

and the goverment of Bandung

5) Analysis data

The research data received will be analyzed by

using analysis of anthropological approach such

as empirical and comparative in legal

anthropology.

4 RESULTS AND DISCUSSION

4.1 Traditional Society toward Modern

Society

Identification that in society, certainly there are

changes in traditional and modern, although slowly

among others :

(1) No society that stops growing, every society

definitely change, only that sooner or later

(2) Changes that happen in certain social institutions

will be followed by changes in other institutions

(3) Rapid social change will lead to disorganization

(4) Social Disorganization will be followed by a

reorganization through various adaptations and

accomodations

(5) Changes cannot be confined to the material or

spritual fields only, both will be oven

Thus, every human in the society ;ife both

traditional societies and modern societies will

surelly experience changes both changes in

values and social norms, organizational

behaviour patterns, the layers of society, power

and authority, social interaction of creative Dago

Pojok Bandung, Then it will look new symptoms

in a society oriented ( Abraham ) on the

technology progress, innovation destination and

attitudes in Traditional societies, because on the

progress of the technology, the purpose of

innovation and change attitude, because of

traditional attitudes based on experience

accumulated on tradition, on the contrary modern

society, emphasis on material values, use of time,

openness to new experiences, individualism, so

the dago pojok representations and integration of

traditional towards modern society.

4.2 Empirical and Comparative in

Legal Anthropology

To the researchers conclude that in traditional

societies toward modernizationi legal anthropology

can be analyzed in an empirical dan comparative

approach to the legal anthropology research as

described below :

(1) Empirical Approach

As proposed by Sir Henry Maine that devide the

two main classes of human society that is both

traditional community customs have changed

because of cultural influence from outside the

village who had entered despite strong binding

customs still in peoples lives to give effect to the

relevant society as a traditional community and

modern society.

(2) Comparative Approach

In traditional societies it is said that in case of

conflict in society solved by traditional leaders

adapted to the customs regulations in force. In

modern society, regulations to resolve problems

that happen in the community using the rules

that have been created by the country.

So we need a rule that regulates public life of

both traditional and modern society in society

concerning any changes in the social system,

social values, attitudes, social interaction and

behaviour patterns in traditional and modern

society.

5 CONCLUSIONS

1) In modern society, we can see the life patterns

and behaviour of some people who seem

different from the life patterns and behaviour

that is practiced by the majority of members of

the traditional society in general.

2) In traditional society towards to modern society

should be addressed properly for the benefit of

future generation in society life, both traditional

societies although modern and understand some

studies approaches in legal anthropology

public are expected to be examined problems

that happen in traditional societies towards

modern society well in accordance with the

society development and in accordance with the

laws in force in the community, both traditional

and modern societies, as has been described in

the above research.

ACKNOWLEDGEMENTS

I would like to thank Dr. Mawar From Jakarta, Wen

Lii PhD from Taiwan and Dr. Ahmad from Malaysia

Traditional Society to Direction of Modernization using Empirical and Comparative Approach in Legal Anthropology

for their extraordinary support in this paper

publications process.

I would like to thank my colleagues for their

collaboration as name for Gatot Rambi Hastoro. You

supported me greatly and we are always willing to

help me.

Please let me know if thats all right and even if its not,

know that Im sorry so very grateful for your help

REFERENCES

Books:

Abraham, M.Francis, 1991, Modernization in Third World

A General Theory of Development, (Terjemahan

M.Rusli Karim), University Press of America.

Anwar H & Nugraha,H, 2013, Sundanese Ethnic House,

Jakarta, Griya Kreasi

Ekadjati, E, 1995, Sundanese Culture (A Historical

Approach), Jakarta, Pustaka Jaya

Hadiwijoyo, S., 2012, Rural Tourism Planning Society-

Based, Graha Ilmu

Ihromi, T.O.,2003, Anthropology A Potpourri, Yayasan

Obor Indonesia, Jakarta.

Kuntowijoyo, 2006, Culture and Society, Yogyakarta, Tiara

Wacana

Lerner, Daniel, 1983. Waning Traditional Socities

(translation), GajahMada University Press, Yogyakarta

Satjipto, Rahardjo, 2009, Law dan Social Change An

Overview of Theoretical And Experiences In Indonesia,

Genta Publishing, Yogyakarta

Syariffudin, Juhri, 2010, Islam and Modern Society

Sociology, Kencana Pranada Media Group, Jakarta.

Sewoyo H, et all, 2011, Village and Culture in Tourism

Frame, Research Centre and Resources Development,

Ministry of Tourism and Creative Economy, Jakarta.

Soerjono Soekanto, 2007, An Introductory Sociology, Raja

Grafindo Persada, Jakarta.

Rismawati, A., 2013. Identifikasi Perception dan

Preferences Local Socities Toward Tourism Village

Bandung Development, ITB.

Rusdi, H., 2002, Rural Sociology in Understanding Sosial-

Cultural Aspects For Technology Planning and

Implementation, Training Material Understanding

Social-Cultural Society Aspects in Technology

Planning and Application, Bandung

Waluya, Bagya.2007. Sociology : Dive Into Social

Phenomena in Society. Penerbit PT. Setia Purna Inves :

Bandung.

Journals :

Agus, Social Change and Impacts, SMA 3, Yogyakarta

Ali Amran, 2015, The Role of Religion in Society Social

Change, Hilmah Volume II, Number 01, January-June

2015

Ali, 2015., Writing Understanding Social Change,

Characteristic of Social Change, and Social Change

Forms, accessed 2 February 2016

Muzaini, 2014, Technology Development and Deviant

Behavior in Modern Society, Educational Development

Journal, Foundations dan Applications Volume 2,

Number 1.

Nasikun, 1997, Rural Tourism Model: Modeling of Rural

Tourism For Sustainable Rural Development,

Prosiding.

Nur Mazidah, 2011, Religiosity and Social Change In

Industrial Society, Islam Sociology Journal, Volume 1,

Number 1, Surabaya.

Solihin, Akhmad.2015. Definition and Characteristics of

Traditional Society, accessed 2 February 2016.

Solihin, Akhmad. 2015., Definition and Characteristics of

Modern Society, accessed 2 February 2016.

APPENDIX

Akhmad Solihin, 2015, Definition and Characteristic

of The Traditional Society

Roger and Shoemalker, 2015, Social Change Impact

on The Family by Dr. Euis Sunarti

Soekanto Soerjono, Law Research Method, Cetakan

II, Jakarta,1986, page 88

Bagya Waluya, 2007, Sociology : Dive Into Social

Phenomena in Society, Penerbit PT. Setia Purna

Inves, Bandung, page 2

Abraham, 1991, Changes As A Results of

Modernizations in Society , Eductional

Development Journal, Foundations and

Applications, Number , Vol.2

ASAIS 2019 - Annual Southeast Asian International Seminar