Haqqiyyah: Journal of Islamic and Legal Studies
Vol. 1 No. 1 (2025): July

Legal Certainty in the Determinant Application of Customary Law in Indonesian National Criminal Law

Immanuel Joyson Benaya Manurung (Universitas Medan Area)
Andi Hakim Lubis (Universitas Medan Area)



Article Info

Publish Date
31 Jul 2025

Abstract

Customary criminal law is an integral part of Indonesia's legal heritage that has long been studied, from the thoughts of Snouck Hurgronje to Van Vollenhoven. Its recognition in Article 18B paragraph (2) of the 1945 Constitution and its incorporation into the new Indonesian Penal Code (KUHP) mark significant steps toward developing a legal system that aligns more closely with Indonesia's social conditions while reducing dependence on colonial laws. However, this recognition also brings consequences, particularly concerning the formalization, requirements, and limitations imposed on customary law. This raises the question of whether customary criminal law will introduce a new dimension to the national legal system or create dualism in its application. This article will examine legal certainty following the implementation of customary criminal law in the Criminal Code and its impact on law enforcement processes in Indonesia.

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Journal Info

Abbrev

haqqiyyah

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Haqqiyyah: Journal of Islamic and Legal Studies is an open-access, peer-reviewed journal that explores the dynamic interplay between Islamic jurisprudence and modern legal systems. It serves as an academic forum for advancing critical discourse, legal innovation, and the integration of Islamic and ...