<![CDATA[The ratification of Law Number 1 of 2023 on the Criminal Code (KUHP Nasional) brings a fundamental update through Article 2, which recognizes the law that lives in society (living law) as the basis for punishment alongside the principle of formal legality. This provision mandates the determination of customary criminal acts through local regulations based on government regulations. This article analyzes the living law arrangement in the National Criminal Code along with Government Regulation Number 55 of 2025 on the procedures and criteria for determining laws that live in society, and identifies problems with their implementation at the regional level before and after the National Criminal Code becomes effective on January 2, 2026. The research used normative juridical method with legislation and conceptual approach, based on primary, secondary, and tertiary legal materials that were analyzed descriptively qualitatively. The results showed that although the central normative framework has been relatively complete, most local governments have not established local regulations as a formal requirement for the implementation of customary criminal acts, resulting in a void in implementing arrangements. This vacuum creates legal uncertainty, treatment disparity between regions, tension with the terms of recognition of indigenous peoples, as well as the risk of freezing the dynamic nature of customary law due to rigid codification. This study recommends accelerating the facilitation of the preparation of local regulations, strengthening the participation of indigenous peoples, as well as the affirmation of Human Rights limits so that living law is not abused.]]>
