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Original Research

THE PHILOSOPHY OF TRADITIONAL PRINCIPLES BARENTI KO SYARA', SYARA' BARENTI KO KITABULLAH AS THE BASIS FOR THE FORMATION OF LEGAL PRODUCTS IN SUMBAWA REGENCY - INDONESIA

SUPRIYADI 1, GATOT DWI HENDRO WIBOWO 2, M. GALANG ASMARA 3, and MUHAIMIN 4.

Vol 18, No 05 ( 2023 )   |  DOI: 10.17605/OSF.IO/4BWA3   |   Author Affiliation: Doctoral Study Program in Law, Faculty of Law Mataram University 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 1465-1481   |   Published on: 24-05-2023

Abstract

The 1945 Constitution of the Unitary State of the Republic of Indonesia recognizes and respects the unity of indigenous peoples and their traditional rights as long as they are alive and in accordance with the development of society and the principles of the unitary state of the Republic of Indonesia, which is regulated in law for all regions in Indonesia including in Sumbawa regency which is one of the regions that has a philosophy of life based on customary law principles. The philosophy of customary principles in Sumbawa Regency is Adat Barenti ko Syara', Syara' Barenti ko Kitabullah which means that the life of the people of Sumbawa is always with customs that hold on to Kitabullah which is then used as the basis for the formation of legal products in Sumbawa regency. Kitabullah means the records spoken by Allah SWT, namely the Quran revealed to the Prophet Muhammad SAW. Barenti is a sign of a person's hand being attached / attached to a certain object by holding, as simbol want something and keep something from slipping. These Customary Principles are used as a formulation of regional regulations carried out by normizing customary principles in Sumbawa Regency, by identifying and verifying Customary Principles in the formation of regional legal products, laid out as part of the process towards recognition and protection of the indigenous people of Sumbawa. Regional regulations to be made, adapted to the general objectives and principles of law formation stipulated by regulations perlawin Indonesia.


Keywords

Philosophy, Principles, Custom, Barenti, Syara, Kitabullah, Law, Sumbawa