Memahami Pluralisme Hukum di Tengah Tradisi Unifikasi Hukum: Studi atas Mekanisme Perceraian Adat

Abstract

Indonesia as a country necessitates the unification of law. This is a problem
because Indonesia sociologically has many different tribes where until now still enforce
customary law. The last few years the development of customary law where it is
supported by national and international regulations. Legal unification allegedly as a
single approach will bring socio-political impact, because it will roughly relegate existing
inception before the state made. The law of marriage is also not spared from these
problems. One side the government enforce the law of marriage as unification product
but on the other hand he had to respect, preserve and even develop customary law
marriage that is still widely used in the community. Divorce through the religious courts
has been applied but there are still many people who do divorce through traditional
mechanisms. The approach to this problem should be put forward to the wise attitude by
not prioritizing one and exclusion of the other. So that each can actually complement
each other and can survive simultaneously.