<![CDATA[Living law (customary law) as the basis for sentencing under Law Number 1 of 2023 on the Criminal Code represents a paradigm shift in Indonesian criminal law. This recognition of living law creates legal dialectics because it opens space for multiple interpretations and challenges the principle of formal legality, which demands clarity and certainty. Using a normative juridical method, the study analyzes statutes and concepts to assess whether living law aligns with legality standards. The findings show that the New Criminal Code acknowledges living law in a limited manner, aiming to balance textual legal certainty with community-based justice, as reflected in Articles 1 and 2. Living law is positioned as complementary, filling legal gaps while ensuring material justice, provided it does not conflict with state principles or human rights. Article 2 allows punishment of conduct outside the Code if consistent with local norms, but requires codification into Regional Regulations under Government Regulation Number 55 of 2025. Judges may interpret living law through Articles 66 and 597. Thus, living law decolonizes progressive law yet demands strict boundaries to maintain legal clarity and certainty.]]>
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