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All Journal JOURNAL EQUITABLE Jurnal Review Pendidikan dan Pengajaran (JRPP) JUSTISI West Science Law and Human Rights
Ismantara, Stefany
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Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : West Science Law and Human Rights

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The Urgency of Reconstructing Indonesia's Justice System Towards Recognition of Customary Justice Institutions Ismantara, Stefany
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.318

Abstract

The 1945 Constitution acknowledges and protects the existence of indigenous communities. However, the existence of customary court has been abolished through Emergency Law No. 1/1951, and its legal authority is still not recognized to this day. This creates ambiguity in the administration of the justice system. Therefore, an assessment of the urgency of reconstructing Indonesia's justice system to achieve recognition of customary justice institutions is needed. In addressing this, there is a need to answer the issues concerning customary court and how the state can reconstruct the justice system. The author employs a normative legal research method with a qualitative and case study approach through literature review. Through this method, it is found that non-binding legal force of customary court decisions leads to negative consequences for indigenous people and customary law itself. Therefore, a strong legal framework is required through the enactment of the Indigenous Community Bill. Collaboration between law enforcement and indigenous people is also essential in resolving indigenous cases.
Co-Authors Darmawan, Stephanie Priscilla Natanael Natanael, Natanael Rahaditya, R. Silalahi, Wilma