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Universitas Borobudur
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Conceptual Reconstruction of Legal Diversity in the National Legal System as an Effort to Realize Substantive Justice in a Multicultural Society Lorraine Rangga Boro; Suparno
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5839

Abstract

This study aims to reconstruct the conceptualization of legal diversity in the national legal system as an effort to realize substantive justice in Indonesia's multicultural society, however, in legislative and judicial practice, the legal centralism paradigm and positivistic approach still dominate, which places state law as the sole normative authority. The study employs a normative juridical method, utilizing a statutory and conceptual approach, to analyze the normative construction of legal pluralism, the problems of norm conflict and regulatory disharmony, and the inconsistency in the recognition of customary law and religious law in judicial practice. The study results indicate that the recognition of legal diversity remains sectoral and conditional, and as a result, it has been unable to guarantee substantive justice for vulnerable groups. This research proposes a model of constitutional legal pluralism based on the Pancasila Rule of Law, which positions the constitution as the meeting point for harmonizing state and non-state law and restructuring the relationship between legal certainty and substantive justice within the national legal system.
Legal Reform In Handling Inmates With Mental Health Disorders In Correctional Institutions Tiur Hasmida Hutagalung; Suparno
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.449

Abstract

The treatment of inmates with mental health disorders remains a persistent challenge within the Indonesian correctional system. Although Law No. 22 of 2022 on Corrections, Law No. 18 of 2014 on Mental Health, and several implementing regulations recognize prisoners’ rights to healthcare, they fail to provide explicit mechanisms for the identification, treatment, and rehabilitation of inmates with mental health disorders. This study aims to analyze the extent to which existing legal frameworks accommodate the specific needs of inmates with mental health disorders and to identify legal gaps that hinder the effective protection of their rights. Employing a normative juridical research method with statutory, conceptual, and comparative approaches, this study examines relevant legislation and compares Indonesia’s regulatory framework with practices adopted in several other jurisdictions. The findings reveal a significant legal vacuum characterized by the absence of standardized procedures for early identification, inadequate mental health services within correctional institutions, and weak coordination between correctional and health authorities. This condition increases the risk of human rights violations, institutional violence, ineffective rehabilitation, and failed social reintegration. The study concludes that comprehensive legal reform is urgently required to establish clear regulatory standards, strengthen institutional capacity, and integrate a rehabilitation-oriented, health-based approach within the correctional system. Such reforms are essential to ensure the protection of inmates’ rights and to realize a humane and effective correctional framework.
Co-Authors Lorraine Rangga Boro Tiur Hasmida Hutagalung