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Cultura International Journal of Philosophy of Culture and Axiology

Volume 17, Issue 1, 2020

Gede Marhaendra Wija Atmaja, Ida Ayu Arniati, Gede Yoga Kharisma Pradana
Pages 57-72

Bhineka Tunggal Ika as Source Politics and Identity of Indonesian Culture in The Formation of Law

The purpose of this study seeks to analyze the problem of Unity in Diversity as a Source of Politics and Cultural Identity of the Indonesian Nation in Legal Formation. In general, the process of establishing customary, national, regional and international law in various parts of the world no one knows even uses Bhineka Tunggal Ika as the source of legal formation. However, often the formation of law in Indonesia refers to the philosophical meaning of Unity in Diversity. The formulation of the research problem: 1) What are the markers of Unity in Diversity in Legal Formation?; 2) Why is Bhineka Tunggal Ika so important in the Formation of Law in Indonesia?; 3) Is there a contribution of Bhineka Tunggal Ika in the formation of customary law? This research was completed using qualitative methods. All data in this study are descriptive which have been collected directly or indirectly. Data acquisition is optimized through a literature study. All data were analyzed qualitatively to solve the research problem. The results showed that: 1) Unity in Diversity can be a marker of Indonesian national cultural identity in Legal Pluralism; 2) Bhineka Tunggal Ika in the formation of state law is considered relevant as a political source that is able to accommodate Customary Law and Religious Law into State Law; 3) Unity in Diversity as the identity of Indonesian Nation Culture, as well as political sources, has contributed in the spirit of the formation of Customary Law in the midst of the times.

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