Journal of Political Innovation and Analysis
Vol. 3 No. 2 (2026): Journal of Political Innovation and Analysis

Dynamics of Living Law, Legal Pluralism, and the Challenges of Codifying Customary Law in Indonesia's National Legal System

Titus Redisman Zebua (Universitas Sumatera Utara, Indonesia)



Article Info

Publish Date
06 Jul 2026

Abstract

Background: The recognition of living law and legal pluralism in Indonesia's national legal system has become increasingly urgent, illustrated by a viral TikTok case in which derogatory content toward the Dayak people triggered a customary tribunal convened by indigenous youth organizations across fourteen districts in West and Central Kalimantan. Objective: this study examines the nature of living law as a cultural phenomenon, how two normative systems negotiate within the same social space, and what is at stake when the state codifies customary law. Method: this study employs a qualitative legal anthropology approach through a descriptive-analytical case study design, drawing on library research and document analysis of legislation and literature, analyzed through phenomenological, theoretical, and critical-reflective interpretive stages. Results: the study finds that the recognition of living law in the National Penal Code (Law No. 1/2023, Article 2) marks a significant legal advancement, though top-down codification risks turning customary law into a static, inflexible artifact. Implications: theoretically, this study integrates living law, legal pluralism, politics of recognition, and restorative justice into a unified anthropological framework for digital-space jurisdictional conflict; practically, it recommends that the state adopt a protective rather than colonizing role, allowing living law to develop organically through communal deliberation and participatory governance.

Copyrights © 2026






Journal Info

Abbrev

politiscope

Publisher

Subject

Environmental Science

Description

Journal of Political Innovation and Analysis (JPIA) is a peer-reviewed academic journal that publishes original research articles, theoretical studies, and critical reviews focusing on innovation in the field of politics and policy analysis. The journal aims to serve as a scholarly platform for ...