Journal of Social Research
Vol. 5 No. 9 (2026): Journal of Social Research

Reconstructing the Harmonization of Customary Law and National Law in the Formulation of Public Policy Based on Living Law in Indonesia

Sitti Fausia (Sekolah Tinggi Ilmu Sosial Teminabuan)
Perdana Herryanto Sultan (Sekolah Tinggi Ilmu Sosial Teminabuan)



Article Info

Publish Date
27 Aug 2026

Abstract

Indonesia’s plural legal system reflects the coexistence of national law, customary law, and other normative orders; however, the harmonization of customary law within public policy remains incomplete and often results in legal uncertainty, conflict, and limited social legitimacy. This study aimed to reconstruct a living-law-based model for harmonizing customary law and national law in public policy formulation in Indonesia. The research employed normative legal research using statutory, conceptual, comparative, and case approaches. Legal materials included constitutional provisions, legislation, court decisions, scholarly literature, and government policy documents, which were analyzed qualitatively through systematic, historical, and teleological interpretations. The findings revealed that disharmony persists in the recognition of customary law communities, natural resource management, and dispute resolution because sectoral regulations and administrative mechanisms have not fully accommodated living customary norms. This study proposed a five-stage harmonization model consisting of the identification of living customary values, synchronization with statutory law, participation of customary communities, context-sensitive policy implementation, and periodic evaluation. The study concluded that legal harmonization should integrate relevant customary values without compromising legal certainty, human rights, and the rule of law, thereby supporting more inclusive, responsive, legitimate, and substantively just public policies in Indonesia within the framework of its contemporary plural legal order.

Copyrights © 2026






Journal Info

Abbrev

ijsr

Publisher

Subject

Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

Description

The Journal of Social Research is a double blind peer-reviewed academic journal and open access to social and scientific fields. The journal is published monthly by International Journal Labs. The Journal of Social Research provides a means for sustained discussion of relevant issues that fall ...