Jurisprudence, Vol. 8 No. 1 Juni 2018 18 SPIRITUAL VALUES OF CUSTOMARY LAW (Study of Court Judgment) Kuswardani Faculty of Law, Universitas Muhammadiyah Surakarta kus283@ums.ac.id Marisa Kurnianingsih Faculty of Law, Universitas Muhammadiyah Surakarta mk122@ums.ac.id Andria Luhur Prakoso Faculty of Law, Universitas Muhammadiyah Surakarta alp120@ums.ac.id Abstract R ecognition of living law in society or customary law / unwriten law, marking a pluralistic spiritual life that have law. Lawmakers (legislative or judge) must accommodate those values in their legal products. Moreover, judges as formers of practical law are obliged to explore and understand the values that live in society, which is the soul of the nation’s personality (volkgeist), which is refected through its Verdicts, so that the verdict can have transcendental values / spiritual values. The enactment of customary law as the basis of the Verdict of the judge or in other words the formation of the law by the judge through the Verdicts based on customary law, has existed before the Indonesian constitution is amended, namely in Article 5 paragraph (3) sub b Act No. 1/1951 About Measures - Temporary Measures for Conducting the Union of Suspended Power and Events of the Civil Courts. Keyword: Spritual Values, Customary Law, Court Judgment Background Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that “the State of Indonesia is a state of law”, this means that the law is the supreme authority. The characteristics of a state law have also been expressed by Brian Z. Tamanaha that (1) the government is limited by law; (2) principled in legality, meaning that the law must be pre-established and applied to all people, so that the applicable law is writen law; (3) law is not a human, so that according to him that law is objective, not subjective like human. 1 The Indonesian state of law has diferent characteristics than those expressed by Brian Z. Tamanah, as Jimly Ashshidiqqie (1) supremacy of law indicates, that the supreme leader of the state is not really a human but a constitutionthat refect the highest law. (2) Equality before the law, that discriminatory treatment in all spheres of life is not justifed except for special and temporary actions called afrmative actions. (3) The legal principle (due process of law), that all acts of government should be based on legitimate and written legislation. The written rules of legislation must frst exist or precede the acts committed. (4) Restrictions on power, power exercised by branches of power are not centralised in one organ, with a system of checks and balance, power. (5) Independent executive organs, that power is reduced by the establishment of ‘independent bodies’ such as the National Commission on Human Rights (KOMNASHAM), the General Election Commission (KPU), and even traditional institutions previously attached as an integral 1 Brian Z.Tamanaha, “The History and Elements of The Rule of Law”, Singapore Journal of Legal Studies, 2012, halaman 236 dan 243