| Abstract: |
While law may seem to be the most formal and discreet mechanism for heritage population, it is not always true. The failure and ineffectiveness of law enforcement in many fields, including cultural heritage make me curious. There may be something missing between legal comprehension and people who are subject to law. The questions addressed here are: can the traditional practices of heritage protection be more effective than the current heritage laws based on the Western legal system? And how can these practices be integrated into heritage laws that are currently in place? These issues lead to the study about the possibilities of the integration of traditional practices into present legal systems of heritage management in the specific case of Indonesia. In this paper, the focal attention is paid on problems that probably arose during the introduction of Western legal systems to protect cultural heritage in Southeast Asia. The customary laws, which usually obtained social respect, have frequently been ignored. Up to present day these European influences of formal heritage laws can still be discerned in international conventions. Herein the legal theory shows an absent ingredient in the heritage laws that are social aspect, and the need of integration. This hypothesis aims to reduce the gap between the people and the laws. Then the heritage laws can become more effective.
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