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3b From Folk Law Towards Jurists Law
3b From Folk Law Towards Jurists Law
Unwritten law without a specialized body for law making nor pre-existing
substantive rules to follow for practice
Viewed as a set of classifications of everyday conduct
Classification is not rational but metaphorical; its contents are formulated in
metaphorical statements such as sayings, proverbs, and poems
NECESSITY OF UNDERSTANDING STRUCTURE OF ADAT LAW
Adat law can only be identified in the decisions of the Adat functionaries in
or outside disputes in close relation with the existing structure bindings and
values prevailing in the community
o Decisions of functionaries represent only the outskirts of Adat law (do
not stand alone)
o Values prevailing in the community
Recent studies on Adat law also initiated by the Adat elders in Minangkabau
o Not easy to understand theories because there is inconsistency in the
use of terms, formulation and content of theories
o Only through understanding the principles underlying the folk
views=> analysis of the construction of these theories
FUNCTIONS OF ADAT FUNCTIONARIES
Since it consists of metaphorical statements, problem is how the Adat functionaries
found ways to translate the metaphors into forms which will meet the needs in
controlling human social conducts in practical communal life
Answer: Person or functionary concerned must have a noble and reliable
personality
Operational Principles- guide the functionaries in finding and creating the real
form of Adat for concrete cases
3 principles:
1. Principle of peaceful social life (kerukanan)
2. Principle of properness (kapatutan)
3. Principle of harmony in the community (kalarasan)