International Journal of Nusantara Islam
Vol 14 No 1 (2026): International Journal of Nusantara Islam

Legal Politics of Fulfilling Constitutional Rights to Education and Health for Baduy Women: Intersections of Customary Law, State Policy, and Islamic Values

Ade Fartini (State Islamic University Sultan Maulana Hasanuddin Banten, Serang)
Eka Julaiha (State Islamic University Sultan Maulana Hasanuddin Banten, Serang)
Nina Chairina (State Islamic University Sultan Maulana Hasanuddin Banten, Serang)
Ni'matul Huda (Universitas Islam Indonesia, Yogyakarta)



Article Info

Publish Date
02 Jun 2026

Abstract

The 1999–2002 amendments to the 1945 Constitution significantly strengthened human rights protections in Indonesia, specifically regarding education and health. Despite these guarantees, indigenous women in the Baduy community face systemic barriers to accessing these constitutional rights. This research employs a juridical-empirical method to examine the legal politics of rights fulfillment in Kanekes Village. The investigation identifies that internal obstacles, rooted in the strict adherence to “Pikukuh” customary taboos, and external factors contribute to the unequal distribution of services. Furthermore, this study explores the religious dimension of Baduy identity, known as “Slam Wiwitan,” and its intersection with Islamic values prevalent in the surrounding Banten region. The results suggest that a collaborative legal politics model that integrates the “Papagahan” peer-learning concept and culturally sensitive health facilities is essential. This study concludes that fulfilling state obligations requires a synergy between national legislation, customary living law, and the religious nuances of the community to ensure rights are realized without eroding cultural identity.

Copyrights © 2026






Journal Info

Abbrev

ijni

Publisher

Subject

Religion Humanities Social Sciences

Description

International Journal of Nusantara Islam is a multi-disciplinary publication, dedicated to the scholarly study of all aspects of Islam and focused on Islamic studies, receives articles from researchers who have new and progressive issues on scholarly study of all aspects of Islam related to its ...