Paradox of Justice in Baduy’s Customary Law: Bridging Tradition, Human Rights, and Modernization in the Context of Indonesian Legal Pluralism

Tetty Melina Lubis, Parluhutan Sagala, Arief Fahmi Lubis, Oka Pahala Ramadhan

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

This study examines the paradox of justice that emerges when Baduy’s customary law interacts with universal concepts of justice and human rights. It explores how the Baduy community’s notion of justice—rooted in the principle of “pikukuh” and focused on maintaining cosmic balance—often clashes with modern interpretations of justice and individual rights. By analyzing Baduy’s legal practices in depth, the study identifies key challenges in reconciling customary law with Indonesia’s national legal system. It also considers how this paradox affects efforts to preserve Baduy’s cultural identity amid growing pressures from modernization. In conclusion, the study underscores the need to understand the complex interplay between customary law, human rights, and national development within Indonesia’s legal pluralism framework