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All Journal Jurnal Ilmu Sosial dan Humaniora Journal of Economics and Social Sciences Rechtsvinding
Marsudi Dedi Putra
Universitas Wisnuwardhana Malang
Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Social Sciences

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Journal : rechtsvinding

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Reorganization of Traditional Medicine Regulation Within the National Health System from A Legal Pluralism Perspective to Address Disharmonization of Laws and Regulations Agung Suhirman; Muharyati Muharyati; Latifah Indriasari Utami; Fajar Hadi Wijayanto; Marsudi Dedi Putra
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1568

Abstract

This study aims to analyze and formulate the restructuring of traditional medicine regulation within the national health system using a legal pluralism perspective to address the disharmonization of laws and regulations. This effort is undertaken to achieve legal certainty, public protection, and fair recognition of traditional practices. The research method employed is normative juridical, focusing on the analysis of legal norms, principles, and rules through statutory, theoretical, and doctrinal approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials, which were then analyzed qualitatively using legal interpretation and deductive reasoning. The regulation of traditional medicine currently has a strong foundation through Law Number 17 of 2023 on Health; however, significant normative disharmonization still exists. Regulatory conflicts are evident in the potential criminalization under the Criminal Code (KUHP) of non-medical practices deemed misleading, while the Health Law provides recognition of such practices. Formal standards established by the government tend to follow a modern medical paradigm, making them difficult for traditional practitioners—who rely on empirical experience and local wisdom—to fulfill. Protection of traditional knowledge as a collective right of indigenous communities has also not been adequately regulated within the national legal framework. An ideal regulatory restructuring requires synchronization among regulations and the adoption of legal pluralism principles so that the state legal system can accommodate customary law and social norms living within society. Certification mechanisms need to be made more inclusive by recognizing hereditary expertise, and supervision should be designed in a participatory manner involving local communities. Integrated harmonization will create a balance between the recognition of cultural identity and the assurance of safety for service users.
The Impact of Legal Pluralism in the Dynamics of Human Rights Protection and its Implications for the Development of the National Legal System in Indonesia Fenti Maya Sari; Syifa Nur Lathifah; I Putu Wahyu Budhi Sucita; Marsudi Dedi Putra
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1612

Abstract

This research aims to analyze the impact of legal pluralism on the protection of human rights and examine its implications on the development of the national legal system in Indonesia in order to find a concept that bridges the diversity of the system with the principle of justice. The type of research used is normative law that focuses on the study of legal norms, principles, and doctrines through a statutory approach and a conceptual approach. Secondary legal materials collected through literature studies are analyzed qualitatively with a deductive thinking pattern to produce systematic and logical conclusions related to the problem being studied. Legal pluralism in Indonesia manifests in the interaction between state law, customary law, and religious law that apply simultaneously and provides a choice for people to choose norms that suit their interests. The existence of this diverse system has a positive impact on the recognition of indigenous peoples' rights and access to substantive justice, but on the other hand it triggers legal uncertainty and potential human rights violations due to the dominance of state law or the practice of forum shopping. The development of the national legal system responds to this reality through efforts to harmonize regulations, as seen in the constitutional recognition of the unity of customary law communities and the integration of living law in the new Criminal Code. Legal reform is directed at the establishment of a system that is no longer centralistic, but is able to accommodate local values in order to achieve a balance between national interests and the protection of the rights of minority groups.
Co-Authors Agung Suhirman Agung Suhirman Avy Permata Sari Fajar Hadi Wijayanto Fatmasari Diahpermata Djajaputri Adhimutiahara Fenti Maya Sari I Putu Wahyu Budhi Sucita Ida Bagus Gede Adiguna Wibawa Latifah Indriasari Utami Muharyati Muharyati Novi Afsari Syifa Nur Lathifah