THE ROLE OF INDIGENOUS PEOPLES AND CUSTOMARY LAW IN THE DEVELOPMENT OF NATIONAL LAW THE PARADIGM OF PANCASILA

Abstract

Long before the entry of foreign traditions into Indonesia, Indonesian society was believed to have been regulated by the values of customary law. Adat is basically understood as a binding norm that is preserved by the community to regulate the daily lives of humans, so that adat is by itself a law. The formulation of the problem is how the role of indigenous peoples and customary law in the development of national law that has the Pancasila paradigm. The research method is normative juridical. The result of his research is that customary law is an important source for obtaining materials for the development of national law, which leads to the unification of the making of laws and regulations without neglecting the growth / development and development of customary law, habits in legal development. Pancasila as a source of legal order is very meaningful to customary law because customary law is rooted in folk culture so that it can manifest the real and living legal feelings among the people and reflect the personality of the Indonesian people and nation, especially indigenous peoples. Thus customary law is philosophically a law that applies according to Pancasila as a life view or philosophy of life of the Indonesian people. For example, magical religio, mutual cooperation, consensus and justice. Thus Pancasila is a crystallization of Customary Law. Keywords: Role of Indigenous Peoples, Customary Law, National Development, Pancasila.