Journal of Adat Recht
Vol. 2 No. 2 (2025): JULY-JOAR

Protection of Traditional Culture and Customary Expressions from the Perspective of Customary  Law

gia dina (universitas jambi)



Article Info

Publish Date
30 Jul 2025

Abstract

This study aims to analyze the protection mechanisms for traditional culture and customary expressions from a customary law perspective and to evaluate the extent to which these systems can be integrated into the national legal framework. The method used is qualitative legal research with a normative juridical and anthropological juridical approach. Data were collected through literature studies, interviews with customary leaders, and analysis of national and international legal documents. The research findings indicate that indigenous communities have a cultural protection system based on collective values, spirituality, and social control. However, the national legal system still does not fully accommodate the collective and intergenerational nature of indigenous cultural expressions, resulting in communities often losing legal control over their cultural heritage. The discussion reveals that existing regulations tend to use an administrative and individualistic approach, which is less in keeping with the character of customary law. In conclusion, a legal pluralism approach is needed to constructively integrate customary law into the national legal system. Strengthening the capacity of customary institutions and formal recognition of the collective rights of indigenous communities are key to maintaining the sustainability of traditional cultures amid the challenges of globalization.

Copyrights © 2025






Journal Info

Abbrev

JOAR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Adat Recht is a journal with the theme of Legal Science, with benefits and objectives for the development of Legal Science, by prioritising the originality, specificity and recency of articles in each issue. The purpose of the publication of this Journal is to provide space to publish ...