Research Article
The Dynamics of Philosophy "Ata One Ko Ata Penang" in The Customary Law of Inheritance in Manggarai from Pancasila Perspective
@INPROCEEDINGS{10.4108/eai.10-9-2019.2289444, author={Adrianus Marselus Nggoro and FX. Adji Samekto}, title={The Dynamics of Philosophy "Ata One Ko Ata Penang" in The Customary Law of Inheritance in Manggarai from Pancasila Perspective}, 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={dynamics; customary law; inheritance; pancasila}, doi={10.4108/eai.10-9-2019.2289444} }- Adrianus Marselus Nggoro
FX. Adji Samekto
Year: 2019
The Dynamics of Philosophy "Ata One Ko Ata Penang" in The Customary Law of Inheritance in Manggarai from Pancasila Perspective
ICIDS
EAI
DOI: 10.4108/eai.10-9-2019.2289444
Abstract
There is currently no regulation of customary law status in the national legal system. The legacy of customary law in Indonesia is matrilineal, patrilineal, and parental. The problem is: (1) How is the dynamics of customary law practice inherited in Manggarai society which led to the dichotomy of the society's view of the status of the heirs? (2) Why is there a shift in legal practice about the position of boys and girls? (3) What is the model of Manggarai's customary law of construction? The process of reviewing this paper is qualitative; a socio-legal approach, anthropological flow, with analysis: hermeneutics, symbolic interaction, dialectics, and phenomenology; the paradigm of Guba & Lincoln Constructivism. Discussion, philosophically, ideologically, and juridically, the customary law practice of the inheritance in Manggarai leads to justice that is a human being phenomenon. The traditional legal system of Manggarai heritage is a patrilineal, open opportunity to customary law system of parental inheritance.
