<![CDATA[This study analyzes the legal politics of codifying living law or customary law in Regional Regulations and its implications for criminal law enforcement based on Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code). The recognition of living law in society through Article 2 of the National Criminal Code indicates a paradigm shift in Indonesian criminal law from a formal legalistic approach to a more substantive recognition of legal pluralism. This study uses a normative legal research method with a statutory, conceptual, and historical approach. The results show that Regional Regulations can be an instrument for formalizing customary law through the recognition of customary law communities, customary institutions, and customary-based dispute resolution mechanisms. However, the accommodation of living law in Regional Regulations also raises various legal issues, such as potential disharmony with the National Criminal Code, legal uncertainty, and the possibility of conflicting with human rights principles and the principle of legality. Furthermore, this study finds that the legal politics of recognizing living law reflects a model of controlled legal pluralism, in which the state continues to play a dominant role in determining the legitimacy of customary law through administrative mechanisms. Therefore, it is necessary to harmonize regulations, limit the administrative authority of the government, actively participate in customary law communities, and strengthen the oversight mechanism so that the recognition of living law continues to guarantee legal certainty, substantive justice, and protection of human rights in the national criminal law system.]]>
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