Customary Law (Tradition) wafirotul haifa (11220010)

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).