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International Journal of Law and Management: Legal syncretism or the theory of unity in diversity as an alternative to legal pluralism in Indonesia
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Abstract
Purpose – Legal syncretism seeks to provide a rather different account of how laws interact with one
another as the people deal with them. The purpose of this study is to provide a rather different account of how
laws interact with one another as the people deal with them in the society.
Design/methodology/approach – This paper discusses the current concept of legal pluralism as to
whether it really holds as the right theory for building a harmonious and trustworthy legal system in a multicultural country such as Indonesia. This study involves socio-legal research drawing on empirical data. It
discusses the practice of legal pluralism in Indonesia by analyzing the characteristics of her legal system,
especially the roles of customs and religion in it.
Findings – The research, conducted in five Indonesian cities, reveals that the current proposal of legal
pluralism is not really helping to solve the difficulties faced by the Indonesian legal system. Therefore, this paper
proposes legal syncretism or the theory of unity in diversity (bhineka tunggal ika) as an alternative to help cope
with some of the difficulties faced by many legal systems in developing countries, especially Indonesia.
Originality/value – Although legal pluralism sounds promising, wrong and misleading interpretations have
been provided by many of its proponents. Legal pluralism has been touted by many socio-legal scholars as a key
concept in the analysis of law. Yet, after almost 20 years of such claims, there has been little progress in the
development of the concept. Despite these confident pronouncements and the apparent unanimity that underlie
them, however, the concept gives rise to complex unresolved problems. Legal syncretism seeks to provide a
rather different account of how laws interact with one another as the people deal with them.
Saldi Isra and Hilaire Tegnan - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2021
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Saldi Isra and Hilaire Tegnan. (2021).International Journal of Law and Management:
Legal syncretism or the theory of
unity in diversity as an alternative
to legal pluralism in Indonesia.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd