Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Mediation and the Search for Justice Through Local Wisdom

Author(s): Jasmaniar, Abrar Saleng, Anwar Borahima, Hasbir Paserangi

The special characteristic of Indonesian society is multicultural and vulnerable to horizontal violent conflict, so a separate solution is required. The problem of realizing substantive justice in civil cases is due to the principle of proof, the truth that the judge seeks and embodies is sufficient the formal truth. The type of research is normative legal research by using historical, comparative, and conceptual approaches. The results show that the local wisdom is different for each region which is manifested in the form of messages, actions, behavior and man-made objects, the existence of local wisdom cannot be separated from the condition of the Indonesian people, as a nation consisting of several tribes and customs. This affects the applicable law in Indonesia so that not only written law applies but also unwritten law.

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