Jurnal IUS (Kajian Hukum dan Keadilan)
Vol. 13 No. 1 (2025): Jurnal IUS Kajian Hukum dan Keadilan

The Rights of Customary Law Communities to Resources: The Relationship of Coexistence of State Law and Customary Law

Jayantiari, I Gusti Agung Mas Rwa (Unknown)
Rumiartha, I Nyoman Prabu Buana (Unknown)
Arjawa, I Gst Pt Bagus Suka (Unknown)
Laksana, I Gusti Ngurah Dharma (Unknown)
Indradewi, Anak Agung Sagung Ngurah (Unknown)



Article Info

Publish Date
28 Apr 2025

Abstract

This research aims to determine and analyze the relationship between state law and customary law regarding the rights of customary law communities to natural resources. The application of state law and customary law is a fact related to the lives of customary law communities and their areas of life which are inseparable from natural resources. Apart from constitutional recognition as stipulated in 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, various laws and regulations in the natural resources sector also provide space for regulation of customary law communities based on policies that tend to be centralized. The research method used is normative legal research with statutory, conceptual and factual approaches with qualitative prescriptive analysis. The research results found that customary law as a guideline for managing natural resources by customary law communities does not yet fully exist because the recognition of customary law communities is partial. In the perspective of John Griffith’s theory of legal pluralism, the relationship between state law and customary law is categorized as weak legal pluralism because of the dominant right to control the state through state law. Integration of coexistence between customary law and state law can only be realized if there is a law that specifically regulates customary law communities so that it is no longer determined based on the sectoral ego of various laws that regulate natural resources.

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Journal Info

Abbrev

IUS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...