العرف والقانون العرفي مخصص

In law there is no difference between the customs and customary law. A customs alive (a tradition) in society can change and be recognized as a rule of law (customary law). About how change is giving rise to Indigenous law, can put forward some opinions scholars, among others:
Van Vollehoven: say to him that the customs regulations, the actions (behaviors) are the indigenous people considered appropriate and binding on the population and there is a general feeling that the rules state that it must be maintained by the Head of Customs and other law officers, the customary rules of a legal nature.
Ter Haar: say to him that the prevailing customary law can only be known from arrangements such as Customary Chief legal officer, judge, custom meetings, village etc. are expressed in or out of the dispute. When setting it is existential moment (at birth) the common law. (read about: beslissingenleer theory proposed by Ter Haar)
Prof. Soepomo: say that a rule about human behavior ("rule of behavior") at a time gets the nature of the law, the law is concerned when officials defend it against those who violate the rules or the law when officials act to prevent violations of regulations it.
Furthermore, says Prof. Soepomo that each customs regulations are raised, grown and then disappeared with the birth of the new regulations. Similarly, the new rules also will develop and subsequently disappeared due to be replaced by new regulations in accordance with changes in the sense of justice of the living conscience of supporting indigenous people. And so on, this situation is described, as well as the way dipesisir ocean waves.