Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Journal of Law and Nation
Wagiman
Fakultas Hukum Universitas 17 Agustus 1945 Jakarta

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
DINAMIKA PENGAKUAN DAN PERLINDUNGAN HUKUM ADAT DALAM PERSPEKTIF GENERASI MUDA: TINJAUAN KEPUSTAKAAN TERHADAP REGULASI TURUNAN DAN TANTANGAN IMPLEMENTASI DI INDONESIA Gunawan Widjaja; Wagiman
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The recognition and protection of customary law in Indonesia is an issue that continues to evolve amid regulatory dynamics and implementation challenges. This study aims to analyse the dynamics of recognition and protection of customary law from the perspective of the younger generation through a literature review of derivative regulations and practical challenges in the field. The research method used is a literature review, examining legislation, official documents, and previous research findings related to customary law. The review findings indicate that although derivative regulations such as national laws, government regulations, and local regulations have provided a formal framework for the recognition of customary law, implementation in the field often faces obstacles in the form of complex bureaucracy, regulatory disharmony, and pressure from modernisation and commercialisation. The role of the younger generation is significant in addressing these challenges through active involvement in advocacy, education, and digital innovation. Their involvement not only preserves the sustainability of customary law but also encourages regulatory reforms that are more responsive to the future needs of indigenous communities. This study recommends synergy between policymakers, legal structures, and the empowerment of the younger generation to strengthen inclusive and equitable protection of customary law.
INTERAKSI HUKUM ADAT DAN SISTEM HUKUM NASIONAL DI ERA MODERN: STUDI KEPUSTAKAAN TERHADAP EKSISTENSI DAN RELEVANSI HUKUM ADAT BADUY PASCA REFORMASI Gunawan Widjaja; Wagiman
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study discusses the interaction between Baduy customary law and the national legal system in the post-Reform era, using a literature review approach. Baduy customary law has maintained its existence as a legal system amid modernisation and changes in national regulations. This study highlights the internal mechanisms, community leadership, and commitment of the Baduy people in preserving their ancestral norms. On the other hand, formal recognition through the constitution and national laws provides legal legitimacy to Baduy customary law; however, its implementation still faces challenges such as overlapping regulations and potential normative conflicts. This study emphasizes the importance of dialogue, negotiation, and harmonisation between customary communities and the state to ensure that customary law can coexist and synergise with the national legal system without sacrificing cultural values. This study concludes that Baduy customary law can serve as an inclusive model for the development of national legal policies that respect local wisdom as a source of legal and cultural strength for the nation.
Co-Authors Gunawan Widjaja