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All Journal Jurnal Ilmiah Kutei
Saudah Sjafi'i
Independent Researcher, Saudah & Associates Law Office, Indonesia
Law, Crime, Criminology & Criminal Justice

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Strengthening Jambi Malay Customary Law in Indonesia’a Plural Legal System Saudah Sjafi'i; PG Ismail PG Musa
Jurnal Ilmiah Kutei Vol 25 No 2 (2026)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jik.v25i2.51742

Abstract

This research evaluates the contemporary standing of Jambi Malay Customary Law as a living law within the pluralistic legal architecture of Indonesia. Even though the 1945 Constitution formally enshrines Indigenous Peoples and their inherent rights, customary dispute settlement mechanisms have increasingly been sidelined by the overriding influence of state-enforced statutory law. Adopting a library-based normative legal method, this investigation applies statutory and conceptual analytical frameworks. The primary legal instruments reviewed include the 1945 Constitution, Constitutional Court Jurisprudence (Decisions No. 35/PUU-X/2012 and No. 181/PUU-XXII/2024), and Jambi Provincial Regulation No. 2 of 2014. Findings reveal that while Jambi Malay Customary Law continues to endure through deep-rooted societal norms, its operational capacity in binding dispute resolution has diminished significantly. Regional Regulation No. 2 of 2014 concentrates heavily on structural governance rather than practical procedural integration. To remedy these shortcomings, this study formulates the Jambi Malay Customary Law Strengthening Model (JMCLSM), which rests upon five interconnected pillars: regulatory enhancement, institutional fortification, legal harmonization, customary revitalization, and collaborative governance. This framework provides an actionable blueprint for harmonizing living law into national legal development.
Co-Authors PG Ismail PG Musa