In the past, there is a question regarding whether the national law based on customary law or the law of the west? Then there who think it is related that the western law does not ensure legal certainty. While a study of customary law says that the law does not ensure legal certainty, but he believed customary law to ensure fairness.

This was conveyed by the Vice Chairman of the Constitutional Court (MK) Achmad Sodiki when responding to a Public Lecture delivered Soetandyo Wignjosoebroto as Professor Emeritus University Press entitled "Legal Issues in the life of the state of Cultured Nations Compound," Wednesday (19/10) in Building SMESCO SMEs,Jakarta ..

The event was organized by Huma (Society for Law Reform and Community Based Ecological) was attended by hundreds of participants from various representatives of the Public Lecture colleges, state institutions, research institutes, and also a number of community organizations in Indonesia.

Sodiki further said that the legal experts questioned whether the national law that can ensure legal certainty, but can not guarantee justice, or otherwise could give justice but can not guarantee legal certainty. Looking at the question, Sodiki said that the Judges would like to apply national law based on customary law. "But unfortunately, customary law has a wide range of definitions," he explained.

Although customary law has many definitions, but said Sodiki, customary law through the decisions of judges in the trial, and in those decisions, the Justices could concrete customary law. "The question now is whether the judges now it’s concrete customary law," asked the Professor in UB’s.

However, the question is, Sodiki recognize that the most interesting in the discussion on a number of universities in Indonesia instead of the customary law but the law business. So, in the ancient times of the judges could describe every sense of the customary law, but for now the judges seldom describe the customary law." Therefore, customary laws can not be protected because there are no decisions that ensure the common law," he said.

Then Sodiki exemplifies the problem occurs in customary law in the Constitutional Court rulings, including the General Election Law. He said the election law which the Court carried out on people not wearing Yahukimo District Election Law. Because, in the District do not know Yahukimo National Law, because these people are illiterate, including the head of his tribe.

More importantly, the chief is collecting societies. After that, the process according to the consensus voice ballot customary law, not based on Election Law. Then, this issue is under the Constitutional Court. Instantly the Constitutional Justices confused, because it is not in accordance with the Act. "But after a debate with the judge, we acknowledge that such a way that it is already in accordance with their skill level," explained Sodiki.

In the exposure of his public lectures, Soetandyo Wignjosoebroto said that the state law, aka the national law that is inconsistent with the laws of the people. Therefore, certainly not often inclined to be elected by the people, or roughly at times even going to get resistance from below (the community). "If this happens, then the national law will lose its significance," said Soetandyo. (Shohibul Umam / mh/Yazid.tr)