Trunojoyo Law Review
Vol 8, No 2 (2026): August (On Progress)

Strengthening Dispute Resolution Autonomy Through Acehnese Customary Institutions: Living Law and Maqāṣid al-Sharī‘ah Perspectives

Siti Rohmah (Brawijaya University)
Moh Fadli (Brawijaya University)
Ngesti Dwi Prasetyo (Brawijaya University)
Airin Liemanto (Faculty of Law, Gadjah Mada University, Yogyakarta)
Zainal Arifien (Brawijaya University)



Article Info

Publish Date
01 Jun 2026

Abstract

This study examines the urgency of strengthening the autonomy of legal dispute resolution through customary institutions in Aceh by engaging Eugen Ehrlich’s Living Law theory and Jasser Auda’s maqāṣid al-sharī‘ah framework. Aceh’s distinctive juridical and sociocultural status positions customary institutions as key actors in maintaining social cohesion and delivering justice grounded in local wisdom. However, their role is often marginalized by state legal formalism, creating a gap between statutory law and lived legal realities. This research employs a qualitative juridical-sociological approach, using literature review and document analysis. It conceptualizes customary institutions as expressions of Living Law that operate in alignment with the objectives of Islamic law, particularly the protection of life, intellect, dignity, and property. Auda’s systemic and multidimensional conception of maqāṣid al-sharī‘ah provides an analytical lens to understand these institutions as adaptive and participatory legal mechanisms. The findings demonstrate that strengthening the autonomy of customary dispute resolution reflects legal pluralism and contributes to substantive justice rather than legal conservatism. This study offers a methodological contribution by integrating Living Law and maqāṣid al-sharī‘ah in rethinking national legal development. It recommends stronger juridical recognition and institutional empowerment of customary institutions within Indonesia’s legal system.

Copyrights © 2026






Journal Info

Abbrev

trunojoyo-law-review

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Trunojoyo Law Review, published by Faculty of Law University of Trunojoyo, Madura. Its a biannual refereed journal concerned with the practice and processes of law and justice. It provides a forum for academics, practitioners and community representatives to explore issues and reflect on practices ...