SCLS
Volume 3 Issue 1 June 2025

QUESTIONING THE ROLE OF ADAT CRIMINAL LAW IN INDONESIA’S CRIMINAL CODE REFORM: A POST-KUHP 2023 PERSPECTIVE

Hermanto, Bagus (Unknown)
Putra, Rengga Kusuma (Unknown)
Nugroho, Aziz Widhi (Unknown)
Hattori, Mariko (Unknown)
Yusa, I Gede (Unknown)
Ardani, Ni Ketut (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

The enactment of Law Number 1 of 2023 concerning the New Indonesian Criminal Code (KUHP 2023) marks a significant shift in Indonesia’s legal landscape, particularly concerning the recognition and integration of Adat Criminal Law within the national legal framework. This study explores the future prospects of Indonesia’s criminal law reform, focusing on the coexistence of statutory and customary law, judicial application of adat norms, human rights considerations, local governance roles, public perception, and policy directions. Using a normative juridical approach, the research examines the legal, sociological, and political justifications for adat law recognition, its challenges in enforcement, and the implications for Indonesia’s legal pluralism. Key findings highlight the complexities of judicial discretion in applying adat law, the need for harmonization with constitutional protections, and public attitudes toward adat-based justice mechanisms. Additionally, this study proposes policy recommendations for ensuring legal certainty, judicial training, and technological advancements in adat law documentation. By addressing these challenges, Indonesia can establish a balanced legal system that respects customary traditions while aligning with national and international legal standards.

Copyrights © 2025






Journal Info

Abbrev

SCLS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Sriwijaya Crimen Legal Studies (SCLS) is a journal in the field of law that publishes articles which include but not limited to articles with the themes: Administrative Crime, Juvenile Delinquent, Criminal Anthropology, Criminal Sociology, Penology, Criminal Psychology, Environmental Crime, Islamic ...