Journal of Adat Recht
Vol. 2 No. 4 (2025): NOVEMBER-JOAR

The Existence of Customary Law as a Living Law within Indonesia’s Legal System: A Legal Pluralism Analysis

Theresia N.A Narwadan (Universitas Pattimura)



Article Info

Publish Date
30 Nov 2025

Abstract

This study analyzes the existence of customary law as a living law within Indonesia’s legal system through the paradigm of legal pluralism. Although Indonesia adopts a codified national legal system, customary law continues to function as a normative authority that regulates community behavior and dispute resolution. Using a normative juridical method supported by doctrinal analysis, this research reveals that the interaction between statutory law and customary law is characterized by philosophical and functional differences that frequently produce normative conflicts, particularly in land regulation, community sanctions and criminal justice. The findings indicate that effective harmonization requires a clear doctrinal placement of customary law within the national hierarchy, in which customary law governs culturally embedded communal affairs while statutory law prevails in constitutional and criminal matters. This structured pluralism model ensures legal certainty while preserving cultural identity. The study concludes that balanced normative coexistence is necessary to strengthen both legal legitimacy and cultural justice in Indonesia

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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 ...