Fox Justi : Jurnal Ilmu Hukum
Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum

The Role of Customary Institutions in the Enforcement of Customary Law in the Modern Era

Z Harahap, Rabiah. (Unknown)



Article Info

Publish Date
16 Feb 2026

Abstract

Customary institutions constitute an essential component of Indonesia’s plural legal system, serving as traditional mechanisms for regulating social order and enforcing customary law within indigenous communities. However, the era of modernization and globalization has posed significant challenges to the sustainability and effectiveness of these institutions, particularly due to the dominance of positive law, socio-cultural transformation, and weakening regulatory support. This study aims to analyze the role of customary institutions in enforcing customary law in the modern era, identify factors affecting their effectiveness, and formulate strategies to strengthen their existence within the national legal system. The research employs a normative juridical method with a qualitative approach, utilizing literature review and secondary legal materials as the primary sources of data. The findings reveal that customary institutions continue to play a vital role in resolving disputes, preserving local wisdom, and maintaining social harmony in customary law communities. Nevertheless, their effectiveness has diminished as a result of modernization, urbanization, declining community compliance, and limited legal recognition. The study concludes that strengthening customary institutions requires institutional reinforcement, clearer regulatory frameworks, and synergistic integration between customary law and positive law. Such measures are necessary to ensure the realization of a balanced and just legal pluralism that acknowledges indigenous values while aligning with national legal development.

Copyrights © 2026






Journal Info

Abbrev

Justi

Publisher

Subject

Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Fox Justi : Jurnal Ilmu Hukum a scientific LEGAL BRIEF which includes scholarly writings on pure research and applied research in the field of Law as well as a review-general review of the development of the theory, methods, and related applied sciences. Legal Theory Law of E-Commerce Legal and ...