The Simbur Cahaya Bangkahulu Constitutional Law as a Source of Indonesian Law: A Review of Local Wisdom and a Study of National Legal Education

Abstract

The Simbur Cahaya Bangkahulu Constitutional Law was enacted in Bengkulu in 1862 during the reign of assistant resident J. Walland. This law was originally named Piagem Ratu Sinuhun (1639-1650) which was drafted together with ministers and Islamic Religious Figure (Ulama). Some of its contents are taken from the Javanese law which is called Simboer Tjahaja Karta Ampat Bitjara Lima. This study used qualitative research by combining library research and field research. For data collection techniques, in this case it has been analyzed from various available sources or other information related to the study of the concept of local wisdom in the community and as a source of legal education in Islamic higher education research institutions. Based on the results of research that has been done, this law was named the Sindang Marga Law during the reign of Sultan Palembang Darussalam Abdurrahman and changed to the Simbur Cahaya Law during the reign of the Dutch East Indies. When compared between the criminal law of the Criminal Code (Dutch Heritage) with Islamic law, customary law and law of Majapahit kingdom, it turns out that the law we use does not pay attention to the interests and material rights or personal property rights of the victim. Meanwhile, the crime in the Simbur Cahaya Bangkahulu Law requires the perpetrator or the convicted person to return the loss to the victim. So that values in customary law that are still relevant and more just should be used as a source of national law.