<![CDATA[The enactment of Law Number 1 of 2023 on the Indonesian Penal Code (the New Penal Code) introduces a normative tension between the formal principle of legality in Article 1(1) and the recognition of living law in Article 2(1). This tension is significant because the New Penal Code delegates the operationalisation of living law to Regional Regulations (Perda), which risk freezing the dynamic character of customary law and creating legal disparity across regions if left unsynchronised with the principle of legal certainty. This study aims to analyse the point of normative conflict between formal legality and living law, and to formulate ideal parameters for drafting Perda that accommodate living law as a basis for criminal liability. Using normative (doctrinal) legal research with statute, conceptual, and analytical approaches, the study draws on Gustav Radbruch's theory of legal certainty and Eugen Ehrlich's sociological jurisprudence to interpret Article 2 of the New Penal Code. The findings show that the antinomy can be mitigated when living law is positioned as a complementary rule with a declaratory function, rather than as a rule that negates formal legality. This parameter has been partly operationalised through Government Regulation Number 55 of 2025 on the Procedures and Criteria for Determining Living Law, yet its success still depends on consistent vertical and horizontal harmonisation of Perda and on the protection of human rights. The study implies that technical guidelines, a national customary-law database, and capacity building for local legislators and law enforcement officers are necessary to ensure that the recognition of living law strengthens, rather than undermines, legal certainty in Indonesia's national criminal law system.]]>
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