KAJIAN FILSAFAT HUKUM TERHADAP HAKEKAT RASA KEADILAN MASYARAKAT ADAT BALI DALAM SISTEM HUKUM NASIONAL

Authors

  • Holys Abdiel Lumira Fakultas Hukum, Universitas Udayana
  • I Nyoman Bagiastra Fakultas Hukum, Universitas Udayana

DOI:

https://doi.org/10.23887/jkh.v10i1.75952

Abstract

Legal philosophy according to Hans Kelsen is study of law as system of norms that regulate human behavior in society that is abstract and generally applicable. Legal philosophy is also a scientific discipline that seeks knowledge about true and fair law, which in this research aims to conduct a legal philosophy study essence of  Balinese justice indigenous people in the national legal system. The problem lies in the disharmony between justice according to national law and customary law, this studies are needed that can create legal harmonization between Balinese Customary Law and National Law or Balinese Customary Law and Customary Law in other regions. The creation of legal harmonization is sought to achieve a sense of justice for each indigenous community. This certainly requires further research that existing norms can keep up with developments in modern society. Apart from that, it is necessary to study what are the parameters of the Balinese Customary Law community it can be used as a definite or proportional measure in order to provide Legal Certainty if Customary Law is to become part of National Law.

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Published

2024-02-01

How to Cite

Holys Abdiel Lumira, & I Nyoman Bagiastra. (2024). KAJIAN FILSAFAT HUKUM TERHADAP HAKEKAT RASA KEADILAN MASYARAKAT ADAT BALI DALAM SISTEM HUKUM NASIONAL. Jurnal Komunikasi Hukum (JKH), 10(1), 37–46. https://doi.org/10.23887/jkh.v10i1.75952

Issue

Vol. 10 No. 1 (2024): Februari, Jurnal Komunikasi Hukum

Section

Articles

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Authors who publish with this journal agree to the following terms:

    1. Authors retain copyright and grant the journal right of first publication, with the work [SPECIFY PERIOD OF TIME] after publication simultaneously licensed under aCreative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
    2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
    3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).