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All Journal Jurnal Hukum Progresif Widya Yuridika BHIRAWA LAW JOURNAL
Mulyono, Galih Puji
Faculty of Law University of Merdeka Malang
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Perkembangan Kedudukan Perempuan dalam Pewarisan Hukum Adat Batak Toba di Kota Malang Lumban Gaol, Sastra Gunawan; Budiastanti, Dhaniar Eka; Shanty, Wika Yudha; Ariyanti, Ariyanti; Mulyono, Galih Puji
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.12955

Abstract

The Indonesian nation has a wealth of customs which form a strong identity in the lives of its people. One custom that has its own characteristics is the Toba Batak tradition, especially in terms of dividing inheritance. In the Toba Batak traditional inheritance system, the distribution of inheritance traditionally prioritizes sons. This is different from the provisions in the Indonesian Civil Code (KUHPerdata) which equalize inheritance rights between sons and daughters. This research uses empirical legal research methods which aim to examine the position of girls in Toba Batak traditional inheritance law in Malang City, as well as to identify factors that influence changes in perspectives on girls' inheritance rights. Apart from that, this research also seeks to understand the mechanism for resolving traditional inheritance disputes carried out by Toba Batak traditional leaders. The research results show that although the Toba Batak community in Malang City still adheres to a patrilineal system, there has been significant development in recognizing the inheritance rights of girls. Girls are now starting to get equal inheritance rights with boys, especially for property obtained from their own hard work. Efforts to resolve traditional inheritance disputes by Toba Batak traditional leaders in Malang City also show an effort to bridge traditional values with modern realities, creating harmony between customary law and state law.
Kedudukan Hukum Adat: Sebuah Perbandingan Hukum Positif di Beberapa Negara Mulyoto, Galih Puji; Mulyono, Galih Puji; Laila, Khotbatul; Budiastanti, Dhaniar Eka; Bidasari, Anindya; Wisuda, Selvia
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4569

Abstract

The existence of customary law in positive law often creates ambiguity in the implementation of law enforcement and legal sources. There is a problem here with this principle placing customary law as a source of law. The purpose of this paper is to provide input on the position of customary law in positive law in Indonesia by comparing several Anglo-Saxon and civil law countries. This research method uses normative legal research with a comparative approach. The results and discussion in this study describe the position of customary law in Indonesia, the Philippines, Malaysia, and Brunei Darussalam. The positive laws of these countries regulate the position of customary law in its position as a source of law and law enforcement. Customary law in the Philippines is a dispute resolution tool related to community problems with customary law so that there is no overlap in the enforcement of laws and regulations. Customary law in Malaysia is not codified in the customary law, it is codified in the law. Courts do not play a role in the development of customary law. Customary law is also developed by the courts. Positive law that applies to all society positive law applies to all society. Brunei Darussalam still lives in society and is still widely used positive law is the law that applies to all communities and customary law is the main source of law in Brunei Darussalam.
INTEGRATING PANCASILA JUSTICE IN SENTENCING BALINESE CUSTOMARY CRIMES: TOWARD AN INTEGRATIVE MODEL UNDER INDONESIA’S NEW CRIMINAL CODE Mulyono, Galih Puji; Putri, Ni Luh Putu Alfina; Rifandhana, Raditya Feda; Douglas, Heather
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.84-121

Abstract

This study critically examines the integration of Balinese customary criminal law, specifically the delict of Lokika Sanggraha, within Indonesia’s formal criminal justice system under the recent National Criminal Code (Law Number 1 of 2023). Lokika Sanggraha, codified in Article 359 of the Adhigama Code, addresses cases in which a man engages in sexual relations under a promise of marriage but subsequently abandons the pregnant woman. Historically, the colonial-era Criminal Code lacked provisions for such scenarios, necessitating the judicial incorporation of living law (customary law) to fill normative gaps. The Denpasar District Court Decision Number 997/Pid.Sus/2019/PN Dps exemplifies judicial engagement with customary law, where the court applied the Adhigama Code in conjunction with Emergency Law Number 1 of 1951, resulting in a custodial sentence for the perpetrator. This case illustrates the tension between formal legal codification and living law, highlighting both progressive impulses and limitations in sentencing, notably in addressing the multidimensional harm to victims. Using a combined methodological approach—including statutory, case, and conceptual analyses—this research evaluates the decision through Pancasila justice dimensions, progressive legal theory, restorative justice, and legal pluralism frameworks. It further introduces an Integrative Sentencing Model that operationalizes the principles of proportional punishment, customary obligation fulfillment, victim compensation, and child protection under the National Criminal Code. Comparative analysis with Supreme Court Decision No. 1644 K/Pid/1988 and the codified Sharia-based system of Aceh demonstrates the spectrum of judicial approaches to customary law, informing a hybrid framework that balances formal adjudication with culturally embedded restorative mechanisms. The study concludes that while recognition of living law has advanced constitutionally, effective operationalization requires judicial capacity building, coordination with customary institutions, and robust procedural safeguards to ensure substantive justice. The proposed Integrative Sentencing Model provides a practical roadmap for aligning customary practices with formal legal standards, advancing human rights, gender justice, and restorative outcomes within Indonesia’s pluralistic legal landscape.
Co-Authors Bidasari, Anindya Budiastanti, Dhaniar Eka Douglas, Heather Galih Puji Mulyoto Laila, Khotbatul Lumban Gaol, Sastra Gunawan Mega Fatimah Rosana Putri, Ni Luh Putu Alfina Raditya Feda Rifandhana Wika Yudha Shanty, Wika Yudha Wisuda, Selvia