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Recontextualizing The Patriarchal Dominance Of Manggarai Heritage Customary Law System By Democratic And Gendered Orientation
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| Author:
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ADRIANUS NGGORO, FX. ADJI SAMEKTO, SUKIRNO
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| Abstract:
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Manggarai customary law has a philosophical concept of ata one ko ata pe'ang, which positions men as insider, while women as outsiders. This concept has an impact on the Manggarai patrilineal customary law system, dichotomizing men as the superior while women as the inferior. However, the findings of this study do not raise the phenomenon of the role of modern legal reform agents built by contextual society in social and cultural interactions with contemporary Manggarai customary law in favor of democratic values and gender justice. This study examines the practice of law developed by contextual society from the perspective of traditional and democratic adat law. The question is, why and how does the universal meaning of the reason for "contextual society" challenge the patriarchal domination of the Manggarai customary law system which is built on the basis of innovative, evolutionary, democratic, gender justice, and human rights from the perspective of socio-cultural, philosophical, juridical change with conditions the content of the issue of legal pluralism that is "law of globalization" and "law of glocalization". Through a qualitative research method with a cosntructivism (inductive) paradigm with a phenomenological approach, symbolic interactionism, Hegelian dialectics: thesa, antithesis, and synthesis of the study of human behavior and human expressions of Manggarai against traditional law symbols so as to find just legal meanings ius constituum and ius constituendum. The research findings reveal that the phenomenon of traditional Manggarai inheritance law today is open patrilineal because it is influenced by social and cultural changes in an innovative, evolutionary manner, and is imbued with a strong moral awareness built democratically with a bottom-up pattern approach without structural delegation, moving in a bordeles law charged manner. democratic values, gender justice and human rights.
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| Keyword:
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patriarchal customary law, contextual society, justice
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| EOI:
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-
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| DOI:
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https://doi.org/10.31838/ijpr/2021.13.01.038
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| Download:
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