PLURALISME HUKUM DALAM PERSPEKTIF ANTROPOLOGI

Sari

ABSTRACT
According to F. Von Benda-Bechmann, legal pluralism is a condition in which more than
one legal systems or institutions working side by side in legal activities that connect each other
in one community group. On the other side, the anthropology study regarding of law is giving
attention to facets of human culture that are associated with the phenomenon of the law,
especially in its function as a mean of social control. In regards of that, the theme of
Anthropological study gives more attentions to the phenomenon of legal pluralism which is
focused to the plural ways how to settle the problem through traditional mechanisms first,
before takes a route to the dispute settlement institution. Therefore the legal pluralism in
anthropological perspectives are cultural activities that serves its function as social control
devices in a society where law is studied as an integral part of the culture as a whole, instead
of a separate autonomous institutions in terms of other cultures. So to understand the place of
the law in the structure of society, at first, it is a must to understand the socio-cultural life of
the community holistically. It reaffirms that, law became one of the cultural products that can
not be separated in terms of human life in society, such as politics, economy, social
organization, ideology and religion.
Keywords: Legal Pluralism, Anthropology of Law, Cultural Activity, Social Control