| Abstrakt: |
Introduction: The only historical tradition of Indonesian law is customary law. For the indigenous people of Bengkulu City, customary law is the representation of the people spirit. Law is the representation of a nation’s spirit. Customary law is a living law as it represents the real feeling of the law believed by the people. Bengkulu customary law is one of the inherited cultural law as a tool to regulate the life of the indigenous people. One of the characters of customary law is that the ability to always consider the psychological state of the people so that the implementation of the law will be based on the feeling of justice and the need of law within the society. Every act done by indigenous people is mainly based on some factors, including psychological factor. It is in line with the fact that psychology as the science about psychic or human behavior. Therefore, it strongly relates to the study of law, where psychology view law as the representation of human behavior. Material and Method: It was research which employed primary and secondary material, with descriptive qualitative as the research method. Finding: Volkgeist is the spiritual manifestation or a spirit of a group of people. Society is empirical. It makes society is different from one another. Volkgeist is the terminology for something psychological and spiritual which were inherited and operated in some entities as language, folklore, custom, and behavior. The correlation between psychology and customary law is represented by the customary law of Bengkulu City. Law is formed from the given ratio and behavior in human. Behavior in human consist of motoric, perceptive, and cognitive aspects. The process also represents the customary law formation at Bengkulu City. It starts from human’s thinking, will, and behavior as the psychological manifestation of the indigenous people spirit of Bengkulu as customary law includes the implementation of psychology from each individual of which work, idea, and sense also included. Conclusion: Volkgeist is a terminology with inherent psychological and spiritual meaning which is operated and manifested in the form of language, folklore, custom, and behavior. Related to that psychological aspect, the indigenous people of Bengkulu City are obedient to the customary law as the law contains ethical values and norms which well reflected the ethical wisdom. The ethical wisdom is a reference engraved on the spirit of the people. Values, norms, and cultural wisdom are the reflection of the way of thinking and psychological structure of indigenous people at Bengkulu City. It is because the customary law is the implementation of the society’s psychological aspects, which includes work, idea, and sense. [ABSTRACT FROM AUTHOR] |
