Name : Aditya Yudha Kusuma

NIM : 8111417368

ANSWER MID EXAM

1. The origin of “customary law” first introduced by Snouck Hurgronje on 1983 in his
book “De Atjehnese.” In that book he introduced the term of Adatrech (customary
law) is a law that applies to native Indonesians and foreign easterners during the
Dutch East Indies. System law is special because system law is a part of making some
countr and low in this country. We know if in this world have two law system that is
civil law and common law and Indonesia use civil law in the system law. So could it
Indoensia use two system in this law system? In my opinion, we can say Indonesia
use the two system because in Indonesia we can find unwritten law in their customary
law. Indonesia have many indigenous people and every indigenous people certainly
have each law system and this sytem law diferent beetwen indigenous people. We
could say Indonesia system law is mix from two system but the Indonesia
government agreed if Indonesia use civil law because the unwritten law just applied
to one of indigenous people and other indigenous people not use the law. Not used
general Indonesian people. Some legislation that contains recognition of customary
law are Law No. 14 of 1970 concerning Basic Provisions on Judicial Power, Law No.
4 of 2004 on the Principles of Judicial Power, Law No. 39 of 1999 on Human Rights,
Law No. 5 of 1960, Agrarian, and so forth. And also in ancient times by the Dutch
Colonial Government customary law was officially recognized as a law for the
Indonesian nation and parallel with European law through Article 131 paragraph (6)
IS which states "Indonesian law is a positive law for the Indonesian people". The
definition of Indonesian law in the article is customary law. Law as a social principle
is inseparable from the prevailing values in a society, it can even be said that law is a
reflection of the values that live in society. Good law is a law that is in accordance
with the laws that live in society, of course, is a reflection of the values that live in
society. The values that live in society (behavior) may at first be a habit which then
 arises to be a feeling for a society that adheres to that habit into something Mahdi
Syahbandir, he position of Customary Law in the Legal System are worth. This
customary law is applied to create a balance in the community itself, between
individuals, between communities, also for nature, then customary law is enforced. .
Generally the source of customary law is from unwritten legal regulations that grow
and develop and are maintained based on the legal awareness of the community.
Traditional legal nature with the origin of the will of his ancestors. (source :
Konstruksi Sistem Hukum Indonesia, Emy Hajar Abra)
2. I think it is not good As one of the developing countries like Indonesia, the
Indonesian government should be able to pay more attention to the law, applicable
laws and further enforce legal justice in accordance with applicable regulations.
People who are corrupt can only be sentenced to 1 year when the amount of
corruption is large. It is very unfair because the money they use is money from the
community, the punishment they receive should be years, just because they are
corrupt and have a lot of corrupt money, with an easy corruptor to bribe the
government and even law enforcement agencies who handle it. Then what about a
poor and hungry grandmother who finally decides to take 1 fruit in a neighbor's
house. When this neighbor found the grandmother taking fruit from the tree without
permission, the grandmother reported. And what happened was that the grandmother
was finally sentenced to 1 year. Actually, the law itself is indeed binding on anyone,
both the community and the people who work as representatives of the people. The
punishment given must be fair to anyone. How the law and law enforcement in
Indonesia can run smoothly, it must be started from the way of law enforcement
itself. The laws that are in force and have been determined must be in accordance
with what is available, there are no lawsuits. Actually the law that has been
determined by each competent party is satisfactory if the law is to be carried out as it
should, because many of the contents of the law itself actually have good meaning.
However, if it is reviewed in general in the life of the legal community, in essence, it
is not unable to operate as its function, but there are indeed things that, in my opinion,
hinder the implementation of the law as its function. Most people will answer the law
in Indonesia is the one who has the power will win, who has a lot of money must can
 be safe from legal disturbances even if the state rules are violated. The laws that are
in force and have been determined must be in accordance with what is available, there
are no lawsuits. Like a knife that is getting sharper down and getting blunted
upwards. What needs to be changed is the community, because sometimes a legal
case is difficult to resolve because of our own society.
3. The role of the United Nations is now successful in dealing with world peace. With
examples of cases assisted by the United Nations, namely the Khashoggi case. A
number of UN (UN) special envoys urged the opening of an international
investigation to investigate the alleged murder of Saudi Arabian journalist Jamal
Khashoggi. Callamard expressed this pressure shortly after the Saudis acknowledged
that the assassination of Khashoggi at their consulate office in Istanbul on October 2
was very planned. if there is cooperation between Turkey and Saudi Arabia,
international investigations can be directly supervised by the Security Council,
General Assembly, Human Rights Council, and even the Secretary General of the
United Nations. Previously, Callamard's colleague at the same working group, David
Kaye, also called for something similar.