The
Beginning Of Law And The Adat Recht
(Permulaaan
Hukum Dan Hukum Adat)
Disusun
oleh :
EVI
MERIANI
1113032020
FAKULTAS
KEGURUAN DAN ILMU PENDIDIKAN
UNIVERSITAS
LAMPUNG
Bandar
Lampung
2012
Foreword
Firstly, we want to thank God, so we can made a
makalah chapter II, it’s “The Beginning Of Law And The Adat Recht”. This chapter, will explain us about the adat
in the country, even the adat in indonesia. It’s also explain us about the
rule’s of the adat untill the family.
In this change, we want
to thank for everybody who help us finished this makalah. And of course, we
glad to receive youre critic, because we know this makalah is not perfect, so
we wait for your critic, so we can make a makalah better than this.
Finally, hopefully this
makalah will give us something and make us easy for study.
Bandar
Lampung, March 2012,
Writers
DAFTAR
ISI
BAB
I
Latar
Belakang............................................................................................. 1
BAB
II
Isi................................................................................................................. 2
BAB
III
Kesimpulan.................................................................................................. 5
BAB I
LATAR BELAKANG
Every
family always have the head of that family, It’s father.
Like
the family, the adat also have the head of that adat.
In
a country, like indonesia, adat also have the rule, or usually we called the
adat laws.
Adat
always have the rule for everything in every life content of the society.
Usually,
in society the adat laws more spesific than country laws.
It’s why the adat laws were not written but
just explain with head of the adat
Its why the adat always have the head of adat
BAB II
THE
BEGINNING OF LAW AND THE ADAT RECHT
After studied
chapter one, we knew what is the law.
And now, we will
learning more about the spesific law, it’s the adat laws or the adat recht. Dan
For beginning, Let’s we talk about the simple thing which us called, the
family.
As
we know, the law began with the family.
The
father was the head of the family. Ayah adalah pemimpin keluarga.
As
we know, the family, or become the group of family, they will choose someone who
selected to be their larger group leader.
The
chief of the tribe made rules of laws to govern the dealings of one clan with
another. Kepala suku membuat aturan undang-undang untuk mengatur satu marga
dengan marga yang lain.
But the head of the clan still made the laws
for the family group. Tetapi kepala suku tetap membuat peraturan untuk kelompok
keluarga.
If
a tribal law was broken, the chief will give the punishment for those who broke
the rules in their family group.
Tribal
laws were not written.
But
they were handed down by word of mounth for one generation to another.
Some
of them are actually still in force today.
For
example, a man who was a member of one clan could not marry a woman of the same
clan.
He
had to choose his bride for another clan, but with the same tribe.
It
was ducth who was introduced europians laws to the country.
Then
known as the netherland east indiest.
As
early, as 1824, there was a concept of separate law made by the ducth
goverment.
The
population was then devided in to three
groups for laws were concerned, namely eouropians, natives, and foreign
oriental.
During
the ducth colonial rule, the laws for natives were primarly the adat laws.
Many
historians stated that the traits of custom of the people were the basic of
adat law.
Trough
in traditional culture, adat is an embodiment of the traditional values and
moral as well as an expression of universal values, today adat laws still
regulates such sespects of life like marriage, birth, death inheritanceand, and
divorce.
When
speaking the law of indonesia, one must go back to period when the indonesia
archipelago was under ducth colonial rule.
As
has been previously mentioned there were separate laws in the country under the
colonial goverment in 1826. Different groups of people were subject to
different law.
Another
factor which is of great significance in study the origin of law in indonesia
is the exsistence of the different ethnic groups in the country.
the
various ethnic groups have different cultural background, values and custom
with regard to many aspect of life.
For
marriage, minangkabau follow the matrilineal system, while the batak adopt the
patrilineal system.
in
the batak clan system, members of the clan should assist one another on
marriage ceremonies and certain type of hierarchy in the marriage organization,
such as who should be the speaker in decided by custom.
The
bilateral system is common to most of the regions of indonesia.
So,
the origin of law in indonesia can be learned by our knowledge about the
colonial ducth rules in indonesia.
It’s
the beginning. And indonesia also have the adat laws wich very various of
ethnic.
BAB III
KESIMPULAN
For
studying the origin of the law in indonesia, we have to know about the
rule of ducth colonial and the
eouropians.
Untuk
mempelajari asal mula hukum di indonesia, kita harus mengetahui peraturan dari
pemerintahan kolonial belanda, dan juga eropa.
Indonesia not only had the law of country, but
also had the adat laws wich very various of ethnic.
Indonesia
tidak hanya mempunyai hukum negara, tetapi juga mempunyai hukum adat yang
sabgat bervariasi kebudayaannya.
In
Indonesia, there are many of ethnic, but still subject to the law of indonesia.
Di
indonesia, ada banyak kebudayaan, tetapi tetap tunduk pada hu
kum
di indonesia.