Rafi Rastanawa

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Adat Law

MIDTERM

1. In my opinion adat and morality is related, but in some various way. Adat’s norms are the shared,
sanctioned, and integrated systems of beliefs and practices that are passed down through
generations and characterize a cultural group. They act as prescriptions for correct and moral
behavior, lend meaning and coherence to life, and provide a means of achieving a sense of integrity,
safety, and belonging.

Faith and Adat in my opinion is different. Faith is private, and Adat is public. Your behaviour and
interactions in company give a clue to your culture, but not to your private beliefs, or faith. Faith is
what you believe to be true and righteous. Adat is your way of life that you live as passed on from
generation to generation. And that is two different things.

2. Positive law is a law that is generally binding or binding on society as a whole. So that the
implementation must not conflict with the norms that live in society. So, the existence of Adat law in
positive law in Indonesia will always be there and will never die. Adat law law and positive law are
complementary to one another. Adat law will always move elastic and dynamically adjust life in
society and positive law will always not conflict with the law that lives in the community or Adat law.

3. Awig - awig is an Adat law that is compiled and must be obeyed by the traditional village /
community in Krama (community) in Bali to achieve Tri Sukerta. Which is a manifestation of the
teachings of Tri Hita Karana. Adat law in this Awig – awig of Bali is not written and not codified, but
still obeyed in society because it has a certain sanction if it is not obeyed.

4. Buying and selling houses / land according to the Adat law is not a legal act in the form of
surrender of the land concerned by the seller to the buyer for ever, at that time the buyer
surrenders the price to the seller. With the sale and purchase of these land rights then transferred to
the buyer. According to Adat law, the buyer has become a new owner. The price of land that is paid
can be considered to have been paid in full, even though only half of it has been paid, and the rest is
considered as debt. In Adat law, buying and selling houses are cash. Payment of price and transfer of
rights are made at the same time. At that time the buying and selling according to Adat law was
finished.
5. Civil rights are fundamental rights of freedom that tend to be public. Civil rights are obtained as
the nature of human beings. These civil rights also protect the rights of individual freedom from
unwarranted battles by the government, and ensure one's ability to solve in the civil and political life
of the state without opposition or oppression. The examples of these rights are :

a. The right to live.

b. The right to be free from torture and inhuman treatment.

c. The right to be free from slavery and forced labor.

d. The right to personal freedom and security, etc.

6. Theory Receptio in Complexu

In this theory it is argued that adat law of a community group is a reception entirely of the religion
adhered to by that community group.

Theory Receptie

Receptie's theory states that the law that lives and applies to the people of Indonesia, regardless of
the religious relationship it adopts is Customary Law

Theory Receptio a Contrario

Customary Law is something different and should not be mixed with Religious Law (Islam) so that the
two must remain separate.

Religious law (Islam) accepts inward and applies as long as adat law requires it. According to these
theories of religious law (Islam) and customary law are two different entities that sometimes even
face each other (in opposition).

Sometimes conflicts between customary law and religious law (Islam) occur, except for religious law
(Islam) which has received a recipe for customary law. Religious law (Islam) which has received into
customary law in certain areas in Indonesia is the relationship between customary marriage law and
inheritance law.

7. The community of adat law always applies to native Indonesians. So that at least it can be
understood that adat law is a law that lives in the midst of Indonesian society, and applies to
Indonesian people, where in this place each adat law has a different arrangement but basically has
the same rooted concept. Speaking of Indonesia as a rule of law, the existence of adat law is also
regulated, protected, and also accommodated by the constitution.