Lebak, UIN NEWS Online – The Faculty of Sharia and Law (FSH) Students of UIN Jakarta conducted a study visit to the customary jurisdiction of the Baduy community in Lebak, Banten, Saturday-Sunday (17-18 / 11/2018). The study visit is a series of learning courses in Legal Anthropology to see the order of the archipelago’s traditional law.
Deputy Dean for Student Affairs of FSH UIN Jakarta, Dr. Yayan Sopyan MH, told UIN News Online on Monday (11/19/2018), that the study visit was attended by 48 students. The 48 students are divided into four research groups, namely marriage and inheritance, constitutional law, environmental law, and customary criminal law.
“We conducted a study of customary law to the Baduy community because baduy people still maintained its customary law,” he explained.
Yayan added, study visits in a relatively very short period of time did not provide enough insight for students. But he hopes this visit can still introduce the uniqueness of customary law for students.
“At least, they can feel how it feels to live in an environment that still adheres to customary law,” he said.
According to Yayan, customary law needs to be conveyed to students because this law represents a wealth of local cultural wisdom. Therefore, not a few rules in customary law are contrary to positive law.
As a result, he continued, the philosophy of customary law must be truly understood by academic community and law makers in the country. “Durian that falls in neighboring gardens, for example, can be taken and enjoyed. As long as the fallen fruit is enjoyed, and is not for sale. But in positive law, such cases could fall into criminal cases,” he explained.
As a result of relying on positive law, community actions which are actually allowed in customary law are often promoted based on a positive legal perspective. (usa-rs)