JHCLS
Vol. 6 No. 1 (2026): Journal of Human Rights, Culture and Legal System

The Illusion of Integrating Customary Law into Indonesia’s Contract Law System on the Communal Sanctions Policy Forum

I Wayan Wahyu Wira Udytama (Faculty of Law, Universitas Tarumanagara Jakarta, Jakarta)
Mella Ismelina Farma Rahayu (Faculty of Law, Universitas Tarumanagara Jakarta, Jakarta)
I Wayan Gde Wiryawan (Faculty of Law, Universitas Mahasaraswati Denpasar, Denpasar)



Article Info

Publish Date
08 Apr 2026

Abstract

The Indonesian legal system is characterized by pluralism, where customary law exists alongside formal national law. Although customary law is normatively recognized, its integration into the national contract law system remains limited. This study aims, first, to analyze the normative integration of customary law and contract law in Indonesia; second, to compare the practice of customary law integration in Indonesia with Malaysia; and third, to formulate an ideal model for integrating customary law and contract law systems in the context of communal sanctions. The research employs normative legal methods with a threefold analytical approach are statutory, conceptual, and comparative. The findings indicate that, first, the integration of customary law into Indonesia’s contract law system is still primarily normative and not operational, as reflected in the application of the kasepekang sanction, which demonstrates a dualism between communal customary law and individualistic national contract law, resulting in legal uncertainty and potential injustice. Second, comparative analysis with Malaysia shows that although both countries recognize customary law, Indonesia lacks adequate operational mechanisms, whereas Malaysia implements constitutional, legislative, and judicial approaches that are more effective in contractual practice. Third, the ideal integration model in Indonesia requires transforming communal sanctions into mechanisms that are transparent, proportional, and restorative, aligned with human rights principles and contractual justice.

Copyrights © 2026






Journal Info

Abbrev

JHCLS

Publisher

Subject

Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

Description

Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...