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All Journal Jurnal Ilmiah Hukum LEGALITY Anterior Jurnal Jurnal Hadratul Madaniyah Jurnal Ilmu Hukum The Juris PengabdianMu: Jurnal Ilmiah Pengabdian kepada Masyarakat Cendekiawan Indonesian Journal of Cultural and Community Development Jurnal Pengabdian Masyarakat Bestari (JPMB) Journal of Law and Legal Reform Jurnal Jurisprudence
Achmadi
Universitas Muhammadiyah Palangkaraya
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health Social Sciences

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Formulating Criminal Law Policy for Social Conflict Resolution Based on North Maluku Indigenous Wisdom Faisal Faisal; Absori Absori; Arief Budiono; Achmadi Achmadi; Reema Bhattacharya
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.41803

Abstract

This study aims to analyze the local wisdom function of customary communities in North Maluku, Indonesia, as a conflict-resolution mechanism that emphasizes reconciliation before the formal criminal proceedings stage, to prevent excessive criminalization. This research analyzes customary values from four sultanates (Moloku Kie Raha), which may be integrated into criminal law policies as a form of legal reformation. Implementing ultimum remedium and restorative justice principles. This research employed a normative-empirical legal research method, drawing on approaches from legal sociology and legal pluralism. The analysis examined conflict-resolution mechanisms, with a focus on reconciliation in customary communities in North Maluku. Primary legal materials included the 1945 Constitution. Meanwhile, empirical data were obtained by identifying customary conflict resolution practices. Key Findings this research is North Maluku customary community’s local wisdom effectively functions as a pre-criminal conflict resolution through three main mechanisms which is orientation transformation from individual retaliation to the recovery of collective-spiritual balance, The use of customary oaths and rituals as instruments of moral evidence (such as in the Sopik tradition) as a moral evidencing instrument with a high level of compliance, and Deliberation through customary institutions, which emphasize reconciliation rather than the sanction of imprisonment. Implications of the findings for broader legal reform could address the sociological and philosophical aspects of customary conflicts. Thus, social harmony has been achieved, thereby strengthening restorative justice and the principle of ultimum remedium within Indonesia’s criminal justice system.
Ecological Conversion as a Legal Construction of Environmental Management Based on Dayak Kanayat’n Customary Law Agustinus Astono; Absori Absori; Kelik Wardiono; Achmadi Achmadi; Nozimbek Dilboboev
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.45036

Abstract

This study investigates the practice of Munuh Adat in Dayak Kanayat’n customary law as the representation of ecological conversion and how this concept can be constructed as environmental management law. This study aims to describe the practice of Munuh Adat and formulate ecological conversion as a legal construct. Using a philosophical approach and a normative legal research method, data were analysed using a qualitative-interpretive technique. The findings indicate that documented cases of Munuh Adat in environmental matters, as reflected in Articles 80 and 81 of the Dayak Kanayat’n Customary Deliberation, represent ecological conversion through mechanisms of acknowledgment of wrongdoing, accountability of the perpetrator, ecological restoration, and cosmological reconciliation between humans, nature, and Jubata’ (God), leaving environmental violations understood as both material losses and disturbances to the balance of life that require overarching restoration. Ecological conversion can therefore be constructed as a legal concept of environmental management because it possesses normative, restorative, communal, and transcendental characteristics, along with legal system components comprising foundational values, legal subjects, protected objects, accountability mechanisms, and restoration-oriented objectives. This construction offers an alternative paradigm for the development of Indonesian environmental law that is more restorative and oriented toward ecological sustainability. This study contributes to the development of environmental law by reconstructing ecological conversion as a legal concept of environmental management established in Dayak Kanayat’n customary law, thereby extending environmental law beyond the positivist paradigm.
Co-Authors Absori Agustinus Astono Andria Luhur Prakoso Arief Budiono Armadiansyah Armadiansyah Bulkani Faisal Faisal Fia Saputra Haekal Septiawan Kelik Wardiono Lilik Kholisotin M. Arni Maimunah Maimunah Marisa Kurnianingsih Muhammad Wahdini Muthia Aulia Alyda Ngismatul Choiriyah Nozimbek Dilboboev Ratna Atnawatie Reema Bhattacharya Sanawiah Supriadi Supriadi Turdialiev Mukhammad Ali Polatjon Ogli