Mamangan Social Science Journal
Vol 15, No 1 (2026): Jurnal Ilmu Sosial Mamangan Accredited 2 (SK Dirjen Ristek Dikti No. 0173/C3/DT

The Urgency of Customary Criminal Law in the Framework of National Criminal Law Reform

Herry Liyus (Fakultas Hukum Universitas Jambi, Indonesia)
Andi Najemi (Fakultas Hukum Universitas Jambi, Indonesia)
Dheny Wahyudi (Fakultas Hukum Universitas Jambi, Indonesia)



Article Info

Publish Date
26 Jul 2026

Abstract

The enactment of Law Number 1 of 2023 on the Indonesian Criminal Code represents a significant transition from a colonial formal legality model toward a criminal law system that recognizes living law. This article examines the urgency of customary criminal law in national criminal law reform by focusing on the position of customary law as a source of substantive justice, the problem of formalizing customary offenses through regional regulations under Government Regulation Number 55 of 2025, and the constitutional safeguards required to prevent local criminalization that violates legal certainty and human rights. This study employs a qualitative normative legal method using statutory, conceptual, and limited socio-legal approaches. The findings show that customary criminal law is urgent as an instrument of legal decolonization, social equilibrium restoration, restorative justice, and the reconstruction of a Pancasila-based criminal law system. Nevertheless, its recognition must be limited by the existence of indigenous legal communities, compatibility with Pancasila and the 1945 Constitution, human rights protection, and procedural guarantees through regional regulations, review mechanisms, and judicial control. The novelty of this article is the proposed protective-responsive integration model that positions customary criminal law not merely as an exception to legality but as a corrective source for substantive justice in national criminal law reform.

Copyrights © 2026






Journal Info

Abbrev

jurnal-mamangan

Publisher

Subject

Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Ilmu Sosial Mamangan with registered number ISSN 2301-8496 (Print) and ISSN 2503-1570 (Online) is peer review journal published by Sociology Education Department of PGRI University West Sumatera The journal is to disseminating research and conceptual article in the field of social and ...