West Science Law and Human Rights
Vol. 1 No. 04 (2023): West Science Law and Human Rights

The Urgency of Reconstructing Indonesia's Justice System Towards Recognition of Customary Justice Institutions

Ismantara, Stefany (Unknown)



Article Info

Publish Date
30 Oct 2023

Abstract

The 1945 Constitution acknowledges and protects the existence of indigenous communities. However, the existence of customary court has been abolished through Emergency Law No. 1/1951, and its legal authority is still not recognized to this day. This creates ambiguity in the administration of the justice system. Therefore, an assessment of the urgency of reconstructing Indonesia's justice system to achieve recognition of customary justice institutions is needed. In addressing this, there is a need to answer the issues concerning customary court and how the state can reconstruct the justice system. The author employs a normative legal research method with a qualitative and case study approach through literature review. Through this method, it is found that non-binding legal force of customary court decisions leads to negative consequences for indigenous people and customary law itself. Therefore, a strong legal framework is required through the enactment of the Indigenous Community Bill. Collaboration between law enforcement and indigenous people is also essential in resolving indigenous cases.

Copyrights © 2023






Journal Info

Abbrev

wslhr

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Launched in 2022, the Journal of Human Rights Law Review seeks to increase awareness, knowledge, and discussion of legal issues and human rights policy. Academically focused, the Review also appeals to the wider human rights community, including those in government, intergovernmental and ...