Journal Customary Law
Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection

Conceptual Reconstruction of Legal Diversity in the National Legal System as an Effort to Realize Substantive Justice in a Multicultural Society

Lorraine Rangga Boro (Universitas Borobudur)
Suparno (Universitas Borobudur)



Article Info

Publish Date
27 Jun 2026

Abstract

This study aims to reconstruct the conceptualization of legal diversity in the national legal system as an effort to realize substantive justice in Indonesia's multicultural society, however, in legislative and judicial practice, the legal centralism paradigm and positivistic approach still dominate, which places state law as the sole normative authority. The study employs a normative juridical method, utilizing a statutory and conceptual approach, to analyze the normative construction of legal pluralism, the problems of norm conflict and regulatory disharmony, and the inconsistency in the recognition of customary law and religious law in judicial practice. The study results indicate that the recognition of legal diversity remains sectoral and conditional, and as a result, it has been unable to guarantee substantive justice for vulnerable groups. This research proposes a model of constitutional legal pluralism based on the Pancasila Rule of Law, which positions the constitution as the meeting point for harmonizing state and non-state law and restructuring the relationship between legal certainty and substantive justice within the national legal system.

Copyrights © 2026






Journal Info

Abbrev

jcl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal Customary Law is an international legal journal that publishes research and theoretical articles related to various legal fields. The journal aims to provide scholarly and authoritative articles that discuss legal issues of current importance to both academic research and legal practice. JCL ...