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All Journal Ipso Jure Nomico Journal of Nafaqah Leges Privatae Journal of Strafvordering Indonesian Journal of Adat Recht
Pramidazzura Alifa Rifqi
Universitas Sebelas Maret
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Journal : Journal of Adat Recht

 1 
Customary Law and the Challenges of Modern Investment: Strategies for Maintaining a Balance between Traditional Values and Economic Growth Pramidazzura Alifa Rifqi
Journal of Adat Recht Vol. 2 No. 5 (2026): JANUARY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/s8etbs76

Abstract

This article examines the challenges posed by modern investment to customary law and proposes legal strategies to maintain a balance between traditional values and economic growth. While investment is promoted as a key driver of development, its implementation in customary territories often generates normative conflicts arising from divergent conceptions of land, consent, and economic relations. This study identifies three central legal issues: normative ambiguity regarding the position of customary law in investment governance, a legal vacuum in the binding recognition of customary consent, and conflicts of norms between market-oriented investment regimes and communal legal systems. Employing a normative juridical method with statute, conceptual, and case approaches, the article analyzes constitutional recognition of indigenous rights, investment-related legal frameworks, and comparative doctrinal perspectives. The analysis demonstrates that customary law should not be treated as an obstacle to investment, but as a normative constraint and enabler that can enhance social legitimacy, reduce conflict, and support sustainable economic growth. The article argues that investment governance which marginalizes customary norms ultimately undermines legal certainty and long-term economic stability. It proposes prescriptive legal strategies, including strengthening the legal status of customary consent, integrating customary norms into impact assessments, institutional coordination with customary authorities, and pluralistic judicial interpretation. Integrating customary law into investment regulation is essential to reconcile economic development with social justice and legal coherence.
The Contribution of Customary Law to Sustainable Development: Social and Environmental Perspectives Pramidazzura Alifa Rifqi
Journal of Adat Recht Vol. 2 No. 5 (2026): JANUARY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/sx38qz74

Abstract

This article analyzes the contribution of customary law to sustainable development from social and environmental perspectives within Indonesia’s plural legal system. Although sustainable development is formally embedded in national legal and policy frameworks, its implementation remains predominantly state-centric and technocratic, often marginalizing customary legal systems that have long regulated land use, natural resource management, and social relations. This study identifies three central legal issues: normative ambiguity in positioning customary law within sustainable development governance, a legal vacuum regarding the formal role of customary institutions in environmental regulation, and conflicts of norms between customary law and sectoral development-oriented legislation. Employing a normative juridical method with statute, conceptual, and case approaches, this article examines constitutional provisions, environmental and natural resource laws, and legal doctrines on sustainable development and legal pluralism. The analysis demonstrates that customary law embodies normative principles aligned with sustainability, including ecological balance, communal responsibility, and intergenerational justice. However, these principles remain underutilized due to the absence of explicit legal integration mechanisms. This article argues that the marginalization of customary law weakens both social and environmental dimensions of sustainable development. It proposes a prescriptive framework for integrating customary law into sustainable development governance through statutory clarification, administrative incorporation, and pluralistic judicial interpretation, aimed at enhancing legal certainty, social justice, and environmental protection.
Co-Authors Berilian Ayu Kusuma Harly Clifford Jonas Salmon Henny Saida Flora Samsidar Sri Wahyuni Jumadi Zulfiani Zulfiani