Abstract: The development and development of law in Indonesia through legislation for now and in the future is a necessity. This was further strengthened by the issuance of the 2012 UUP3. Such legislation cannot be separated from the modern legal framework departing from the Civil Law Tradition. The question is, the Indonesian people who carry out customary law traditions, are they able to properly follow the traditions that are prevalent in modern law which is not the original tradition? At the same time, Indonesia's constitution also appears to have marginalized customary law. Within this framework, what is undoubtedly done is to try to systematically display parallel customary law in the legislation process. Or at least, the principles of customary law are appointed and used as a reference in every legislation in Indonesia. This paper has the aim to try to see and describe the problems that exist around Indonesian legislation related to the legal tradition with descriptive methods and literature studies from various references on existing law..
KEYWORDS: legislation, modern law, civil law tradition, customary law
[1]. Asshiddiqie, Jimly, 2006 Perihal Undang-Undang. Konstitusi Press, Jakarta.
[2]. Austin, John L., 1954,The Province of Jurisprudence Determined and the Uses of the Study of Jurisprudence. Weidenfeld and Nicolson, London.
[3]. Bentham, Jeremy, 1996,An Introduction to the Principles of Morals and Legislation. J.H. Burns and H.L.A. Hart (ed.). Clarendon Press, Oxford.
[4]. Binawan, Al. Andang L., 2005, "Merunut Logika Legislasi". Jentera Jurnal Hukum. Edisi 10 – Tahun III, Oktober 2005.
[5]. Chambliss, William J. and Robert B. Seidman,1971, Law, Order. And Power. Addison-Wesley Publishing Company, Inc., Philippines.