Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

The Pluralism of Customary Criminal Law: A Comparison between Indonesia and Brazil

Saimima, Judy Marria (Unknown)



Article Info

Publish Date
27 Jun 2025

Abstract

Legal pluralism is an unavoidable reality in countries with diverse ethnic and cultural backgrounds, including Indonesia and Brazil. Therefore, it is important to conduct a comparative study on the practices of customary criminal law pluralism in both countries. This research employs normative juridical and empirical methods to examine both the constitutional basis and practical implementation ofindigenous legal traditions. The findings indicate that although both countries recognize the existence of customary law, they differ in legislative approaches, implementation strategies, and the relationship between state law and indigenous community law. Preventive and repressive legal protections are evaluated, emphasizing the need for clearer codification, participatory governance, and culturalsensitivity. Hindering factors such as legal fragmentation and political resistance are also identified. This study further recommends the necessity of formal recognition and integrative mechanisms that not only protect the rights of indigenous peoples but also ensure legal certainty and justice in a more inclusive manner. Future research is suggested to explore broader longitudinal and comparative frameworks.

Copyrights © 2025






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...