The Indonesian Customary Law is also known as the Sukur Criminal Code. The Sukur criminal code comprises various codes based on customary law, family law, administrative law and national security law. All the codes are framed by an Indonesian Consensus, which was adopted by the representatives of different groups within Indonesia. This consensus is held annually and is approved by the conferences of heads of state.
This law covers a wide range of subjects, such as, marriage, divorce, property, child custody, gambling, advertising, trademarks, children, inheritance, trusts, banking, international relations, non-commerce criminal law and family matters. Each of these subjects is addressed in several legal codes through the decades. Most countries have their own variant of the Indonesian customary law, which are implemented in a number of ways. But the Indonesian law is unique in that it explicitly bases almost all its legislation and proceedings on cultural norms and customary beliefs.
The Indonesian customary law revolves around three major elements. These are Prudhoe (” customary law”), customary guardianship (“ancestral guardianship”), and community standards (“ancestral customary standards”). These three elements are discussed below. The Prudhoe, which is interpreted as the basic legal model, has been referred to as the “traditional folk law” and is currently practiced in Indonesia. Under this model, individuals have the right to assess the value of a human being according to the standards and cultural aspects that they deem appropriate. The concept of the value of a human being thus plays a key role in the formulation of Indonesian customary law.
Another important aspect is the level of interaction that takes place between individuals and communities. This is referred to as the makar (“community”) code. The Makar chapter is divided into two parts: the Extang Kesehma (“Extang customary law”) and the Tegu Dagad (“Teghuek”) chapters. In addition, the Makar chapter also discusses the relations between religion and government. The Tegu Dagad discusses the relationships among spiritual leaders, government, and society as a whole.
The second major segment of the book discusses the Balinese customary law. This book discusses aspects of the law that address marriage, divorce, and other issues typical of the Balinese culture. For example, one of the chapters focuses on the role of a shaman in ensuring that the marriages that are being conducted under customary law are performed properly. There are also several appendices available for additional information.
The final major section of the book discusses current practices under sharia law in Indonesia. It lists the differences between the Islamic law and customary law, and then briefly discusses the different measures that implement sharia law in Indonesian villages. The first appendix contains an introduction to Awig-Awig, Javanese, and Chinese law, which are sometimes referred to collectively as Javanese customary law. The Awig-Awig refers to Buddhist temples in Java, and the Javanese refers to Urud-Uud, which is the law used in rural regions. The last appendix contains a short note concerning the application of “Nasal-Nasal” code in Java.
The book ends with a chapter that discusses current problems related to land rights. For each region, there are three chapters that discuss such issues. The first chapter discusses current problems in relation to land rights, and then there are chapters that analyze the problems faced by the rural population, women, and other minorities. A few appendices also discuss current issues in Balinese customary law, including Muslim-Christian relations, Balinese women, state legitimacy, and the role of ethnicity in Balinese communal life.
The tenth chapter examines the functioning of the legal system in Indonesia. The discussion points out that although the legal system is largely developed in Aceh, the problem of systemic corruption has not yet been completely eradicated. Finally, in the final chapter, the authors conclude their analysis by recommending three policy recommendations to the Indonesian government.