The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

The Ideal Law in Indonesian Pluralistic Society Based on Constructivism Paradigm

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  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289443,
        author={Aditya Yuli Sulistyawan},
        title={The Ideal Law in Indonesian Pluralistic Society Based on Constructivism Paradigm},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={plural; paradigm; constructivism; local law},
        doi={10.4108/eai.10-9-2019.2289443}
    }
    
  • Aditya Yuli Sulistyawan
    Year: 2019
    The Ideal Law in Indonesian Pluralistic Society Based on Constructivism Paradigm
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289443
Aditya Yuli Sulistyawan1,*
  • 1: Faculty of Law, Diponegoro University, Semarang, Indonesia
*Contact email: adityayuli38@gmail.com

Abstract

Indonesia is an archipelago state which has many ethnics, religions, races, ethnicities, and cultures. This diversity shows there is plurality in Indonesia. Such diversity becomes a pride, but it also creates another problem. For example, regarding law issues, there are different treatments toward the citizens that shows the complexity of legal reality. Indonesia has law growth and development locally among its people, for example, customary law or other custom laws. Although law positivism matches the reality of the country's law, which is designed "top-down" and is deterministic and objective for anyone, there are vast imperfect differences in reality. There are many conflicts between the national law and local law, such as the domination of national law over the local law. There are two problems of this paper: First, how is the law in a plurality of Indonesian society reviewed from the paradigmatic study? Second, how is the ideal law in a plurality of Indonesian society based on Constructivism Paradigm? In this paper, the writer was guided by constructivism paradigm by using hermeneutics/dialectic method. The explanation of the Indonesian plural society and the law would be studied paradigmatically. The analysis of this discussion would lead to the answer of necessary “bottom-up” law design through constructivism paradigm, which will deliver harmony in diversity, with a law that is more humanistic and democratic.