Journal of Indonesian Scholars for Social Research
Vol. 4 No. 2 (2024): JISSR

Customary Law and Indigenous Peoples' Rights: Challenges in the Age of Globalisation

Bakri, Muh (Unknown)



Article Info

Publish Date
29 Jul 2024

Abstract

Customary law and the rights of indigenous peoples have an important role in maintaining cultural identity and local wisdom, especially in Indonesia, which has a diversity of customs. However, in the era of globalisation, customary law faces various challenges, from the legal, economic and social aspects. This article explores how customary law and the rights of indigenous peoples are trying to remain relevant amidst the influences of modernisation, globalisation, and harmonisation with national law. The research uses a qualitative approach by analysing several cases in different regions, which shows that the process of globalisation often results in the erosion of customary law, marginalisation of indigenous peoples, and exploitation of natural resources in indigenous territories. The findings also highlight the importance of recognising and protecting customary law in state regulations, as well as the need to strengthen the rights of indigenous peoples in order to adapt and remain resilient in the face of global challenges. Thus, strengthening customary law in the national legal system is essential to create a balance between modernity and tradition.

Copyrights © 2024






Journal Info

Abbrev

JISSR

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Indonesian Scholars for Social Research (E-ISSN: 2807-1468) is open access and peer-reviewed journal. The purpose of this journal is to accommodate the ideas of Indonesian intellectuals in the form of current, original, and problem-solving articles to be published and disseminated as a ...