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All Journal Indonesian Journal of Multidisciplinary Scientific Studies
Aras Sara Negara
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Economics, Econometrics & Finance Education Mathematics Social Sciences Other

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The Consistency of Customary Law in The Contemporary Era: A Study on the Tension Between Local Norms and State Legal Systems Aras Sara Negara; Lilik Rita Lindayani
Indonesian Journal of Multidisciplinary Scientific Studies Vol 3 No 3 (2025): Edisi Mei 2025
Publisher : Lembaga Penelitian Dan Pengabdian Masyarakat (LPPM) STAI Raudhatul Akmal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33151/ijomss.v3i3.633

Abstract

Customary law is an integral part of the legal systems that live and evolve within communities, especially in regions where traditional values remain strong. However, in the contemporary era—marked by modernization, globalization, and the dominance of state law—the position of customary law faces significant challenges. This article examines the consistency of customary law in dealing with a state legal system that tends to be unifying and formalistic. Using the legal pluralism approach, this study analyzes how local norms are preserved, negotiated, or even compromised in various domains such as dispute resolution, natural resource management, and inheritance law. This qualitative research is based on document analysis, local legal practices, and case studies from several customary communities in Indonesia. The findings reveal that the tension between customary law and state law is not always antagonistic but often results in legal hybridity. This article underscores the importance of state recognition of legal diversity and the need for dialogic space between local actors and the state to create a more inclusive and just legal system.
Co-Authors Lilik Rita Lindayani