JURNAL HUKUM
Vol 42, No 2 (2026): Jurnal Hukum

Customary Law as Living Law in Environmental Forest Governance: A Sociology of Law Perspective on Legal Pluralism

T. Romi Marnelly (Faculty of Sosial and Political Sciences, Universitas Riau, Indonesia)
Resdati Resdati (Faculty of Sosial and Political Sciences, Universitas Riau, Indonesia)
Dian Kurnia Anggreta (Faculty of Sosial and Political Sciences, Universitas Riau, Indonesia)
Defri Yoza (Faculty of Agriculture, Universitas Riau, Indonesia)
Seger Sugiyanto (Boemi Hijau Institute, Indonesia)



Article Info

Publish Date
08 May 2026

Abstract

This study examines the role of customary law in governing the Ghimbo Pomuan Customary Forest in the Kampa Region, Indonesia, within an environmental socio-legal framework. It investigates how customary law functions as a living legal system and how it interacts with state forestry regulations and village governance under conditions of legal pluralism. A qualitative socio-legal approach was employed, combining doctrinal legal analysis and empirical fieldwork. Data were collected through in-depth interviews, participant observation, and document analysis, and analyzed using Miles and Huberman’s interactive model with thematic coding. Theoretically, the study draws on living law, legal pluralism, and cultural ecology perspectives. Findings show that customary law in Kenegerian Kampa operates as a dynamic normative system grounded in Adat Bersendikan Syara and Syara Bersendikan Kitabullah, and institutionalized through ecological norms, sanctions, and the tigo tungku sajorangan coordination mechanism. However, its interaction with state law reveals structural tensions and institutional fragmentation between forestry and village governance. Although Constitutional Court Decision No. 35/PUU-X/2012 and Ministerial Regulation No. 9 of 2021 formally recognize customary forests, implementation remains weak and disjointed. The study concludes that the key challenge is not legal recognition but insufficient institutional integration across governance levels, limiting the effectiveness of customary forest governance.

Copyrights © 2026






Journal Info

Abbrev

jurnalhukum

Publisher

Subject

Religion Humanities Social Sciences

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International ...