Customary law (tradition)
Custom or tradition is the oldest source of law, where the source is known or can be extracted
portion of the law outside the law, where we can find or
diglegal. The meaning is the same looping behavior in
the community whenever there is a situation of the same community. New habits become habits customary law when it is believed by society
as aliability in accordance with the law because of perceived justice. In
addition, one can also become a habit because
dikonstatir customary law by the judge in his decision.
Requirements
to be a common law are: First, the existence of a material condition or
behavioral habits that remain or be repeated, which is a series of the same
act, which lasted for some time. Should be able to shown the existence of
long-lasting action, there must be what is called longa et inventerata consuetudo.
Second, it should be a condition of intellectual habits cause necessitatis
opinion (Convictions general) that the action was a legal obligation. This
belief is not only a belief that always apply, but the belief that it should be
so. The habit is to be done because of the belief, that it should be done
objectively, it is believed that by doing do a legal obligation. And third, due
to the existence of the common law when the law was violated.
In general,
the common law in a society can be distinguished, namely: general common law
that applies to the entire territory of the country within a country with an
area of the Republic of Indonesia to the position of the lot, the law
applicable local toxicity in the environment area smaller
(provincial/district), specifically the common law or customary law prevailing
in a group environment specific group of people (in the profession).
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