Journal of Legal and Cultural Analytics (JLCA)
Vol. 5 No. 3 (2026): August 2026

Legal Reconstruction of Criminal Regulation on the Cultural Tradition of Carrying Sharp Weapons as a Symbol of Nusantara Culture

Moh. Sawi (Universitas Jember)



Article Info

Publish Date
18 Aug 2026

Abstract

Indonesia's cultural plurality includes long-standing traditions of carrying traditional weapons, such as nyikep (celurit) in Madura and badik in Bugis culture, symbolizing honor and self-defense. However, Article 2, paragraph (1) of Emergency Law No. 12/1951 strictly criminalizes this practice without a permit, leading to numerous judicial convictions. This creates a profound conflict between national positive law and the constitutional rights of customary law communities guaranteed under the 1945 Constitution of Indonesia. This legal disharmony poses philosophical, juridical, and sociological challenges, as existing regulations fail to accommodate traditional weapons as cultural identity. Consequently, indigenous people face criminal penalties while preserving their heritage. This study analyzes this legal friction, highlighting the urgency of integrating cultural recognition into national criminal justice policy framework.

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Journal Info

Abbrev

jlca

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Legal and Cultural Analytics (JLCA) , is a fully open access scientific peer-reviewed journal on all aspects of law and culture. It welcomes contemprorary and traditional legal articles as well as interdisciplinary work, and invites submissions from scholars, practitioners, ...