Historis Alam Pemikiran Hukum Adat Merangin

Abstract

The existence of customary law aims to maintain harmony and balance of interests within the community, which carries a historical value passed down through generations. These values vary across regions and are rooted in a cosmic way of thinking. At the time this study was conducted, no previous research had explored the cosmic way of thinking in Merangin customary law. Using a normative-empirical research method, which combines two approaches—interviews with informants such as traditional leaders and community figures as primary data, and literature review as secondary data—the research employs a sociological and historical approach. The data is then analyzed descriptively and qualitatively. The findings reveal that the customary law of Merangin, which is alive and evolving within the Merangin community, is based on genealogical lines that have developed according to societal changes. The characteristics of Merangin customary law reflect cosmic values that are religious, magical, communal, democratic, immediate, and cash-based. This study is far from perfect due to the researchers' limitations in knowledge and sources, but it is hoped that the research will be useful for future academic study, teaching materials, and as a reference for legal practitioners in resolving disputes related to customary law conflicts in Merangin society.