The existence of civil law amidst the embeddedness of customary law (living law) in Indonesia

Abstract

Indonesia is a country full of culture that has lived for thousands of years. The custom that live in Indonesian society shape the Indonesian nation as we know it today. Indonesia is a rule of law country with a constitution based on the 1945 Constitution. Although the constitution applies to all levels of society, there are stronger rules called norms. Norms have a stronger influence than positive law because there are sanctions imposed directly by society on violations of norms.The reason writer bringing this Topic is because the writer trying to analyze the cultural influences to the positive law in Indonesia This research uses qualitative because we were trying to analyzing this issues by the whole, which shows the importance of the depth and detail of the data being studied.