Indonesian Journal of Multidisciplinary Scientific Studies
Vol 3 No 3 (2025): Edisi Mei 2025

The Consistency of Customary Law in The Contemporary Era: A Study on the Tension Between Local Norms and State Legal Systems

Aras Sara Negara (Unknown)
Lilik Rita Lindayani (Unknown)



Article Info

Publish Date
31 May 2025

Abstract

Customary law is an integral part of the legal systems that live and evolve within communities, especially in regions where traditional values remain strong. However, in the contemporary era—marked by modernization, globalization, and the dominance of state law—the position of customary law faces significant challenges. This article examines the consistency of customary law in dealing with a state legal system that tends to be unifying and formalistic. Using the legal pluralism approach, this study analyzes how local norms are preserved, negotiated, or even compromised in various domains such as dispute resolution, natural resource management, and inheritance law. This qualitative research is based on document analysis, local legal practices, and case studies from several customary communities in Indonesia. The findings reveal that the tension between customary law and state law is not always antagonistic but often results in legal hybridity. This article underscores the importance of state recognition of legal diversity and the need for dialogic space between local actors and the state to create a more inclusive and just legal system.

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Journal Info

Abbrev

IJOMSS

Publisher

Subject

Economics, Econometrics & Finance Education Mathematics Social Sciences Other

Description

Ruang Lingkup Jurnal Indonesian Journal of Multidisciplinary Scientific Studies (IJOMSS) dimaksudkan sebagai media kajian ilmiah hasil penelitian, pemikiran dan kajian analisis-kritis mengenai penelitian segala bidang keilmuan dengan menerapkan pendekatan Indonesian Journal of Multidisciplinary ...