Pozo, Antonio Gutierrez
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Civil Law Reform Toward Substantive Justice: A Comparative Study Between Indonesia and Spain Ohoiwutun, Martinus Guntur; Rahman, Ali; Pozo, Antonio Gutierrez
Batulis Civil Law Review Vol. 7 No. 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3697

Abstract

Introduction: Civil law reform increasingly grapples with a persistent dilemma: how to preserve doctrinal coherence while ensuring outcomes that realise substantive justice in concrete disputes. This article analyzes this tension by comparing contemporary legal trajectories in Indonesia and Spain, focusing on whether existing civil codes, procedural frameworks, and judicial reasoning can effectively align legal certainty with equitable results.Purposes of the Research: The purpose of this study is to examine the interaction between formal rigidity and material fairness within civil law systems. Specifically, it aims to compare the three analytical axes of good faith principles, equitable evidentiary and remedial design, and institutional mechanisms (like appellate oversight) in Indonesia and Spain to guide judicial discretion without eroding predictability.Methods of the Research: This research employs a normative–comparative approach. It focuses on studying the law 'in the books' and 'in action' by analyzing civil codes, procedural frameworks, judicial precedents (Supreme Court circulars in Indonesia, Constitutional and Supreme Court interpretations in Spain), and scholarly debates, particularly in consumer and contractual disputes.Results / Main Findings / Novelty/Originality of the Research: The findings reveal both jurisdictions confront parallel challenges: formal rigidity, unequal procedural access, and gaps between normative ideals and lived justice. This study proposes a progressive framework that combines procedural refinement, principled judicial discretion, and responsive legislative adjustment, illustrating how civil law systems can evolve towards judgments that are both predictable and experienced as substantively just.
Normative Tensions between International Law and Customary Legal Systems: Comparative Insights from Indonesia and Spain Zamrud, Wa Ode; Pozo, Antonio Gutiérrez
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3696

Abstract

Introduction: This article examines the normative tension between international law and customary legal systems within the framework of global legal pluralism. It highlights how universal principles such as self-determination, human rights, and the rule of law interact with local values grounded in spirituality, social balance, and communal legitimacy. Within this context, the incorporation of global norms into local legal systems often generates epistemological and ideological frictions that influence the structure and legitimacy of national law. Purposes of the Research: This research aims to analyze the forms and characteristics of normative tensions between international law and customary legal systems in Indonesia and Spain. Furthermore, it seeks to examine the legal approaches adopted by both countries in negotiating the relationship between international legal norms and local values. Methods of the Research: This study employs a normative legal research method using a comparative approach and a conceptual approach. The focus of analysis lies in the examination of norms, principles, and legal doctrines governing the relationship between international law and customary legal systems. Data were processed through inventory, classification, and systematization, and analyzed using a qualitative-descriptive method combined with deductive reasoning to formulate normative conclusions. Results of the Research: The findings reveal that normative tensions in Indonesia exhibit an asymmetrical translation, where the state functions as a dominant filter that often reduces customary values into administrative norms. In contrast, in Spain, the tension manifests as horizontal-institutional, as the interaction between international norms and regional customary law (fuero) occurs through constitutional mechanisms. Indonesia demonstrates a negotiation pattern through a contextual universalism model, emphasizing the internalization of global values within the moral and spiritual framework of customary law. Meanwhile, Spain applies institutional pluralism through its system of regional autonomy. The novelty of this research lies in the proposition of an Adaptive Legal Pluralism Framework as a new paradigm for harmonizing international law and customary law based on inter-normative dialogue and respect for local legitimacy.