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Nabilla Desyalika Putri
Faculty of Law, Universitas Negeri Surabaya, Indonesia
Law, Crime, Criminology & Criminal Justice

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Bridging Legal Formalization and Living Law: The Urgency of a National Customary Offenses Portal in Indonesia Zyunika Rahma; Nabilla Desyalika Putri
Lambung Mangkurat Law Journal Vol. 11 No. 2 (2026): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i2.339

Abstract

Law No. 1 of 2023 on the Criminal Code (the National Criminal Code) recognizes living law and thereby gives customary offenses legal standing as a basis for criminal liability. Formalizing these offenses, however, creates new problems: regulatory fragmentation, limited access to legal information, and a widening gap between written norms and the norms that Indigenous communities actually observe. This study pursues two objectives: first, to analyze the challenges of implementing customary offenses as living law after the enactment of the National Criminal Code; and second, to analyze why customary-offense data should be digitized in a single national portal. It asks why a National Customary Offenses Portal (Portal Delik Adat Nasional) is now urgently needed to support the implementation of living law. The study uses normative legal research with statutory and conceptual approaches and analyzes legislation, academic literature, and prior research descriptively and qualitatively. The findings show that, once living law has been recognized, the main obstacle is no longer the normative legitimacy of customary offenses but the absence of a legal information system that keeps customary legal data accessible, current, and integrated nationwide. This study therefore proposes the portal as an integrated digital system that continuously compiles and updates information on customary offenses.
Co-Authors Zyunika Rahma