Pembaharuan Hukum
Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum

The Legal and Regulatory Framework of adat Courts as an Alternative Dispute Resolution in Indonesia

Andreas Eno Tirtakusuma (Universitas Pancasila)



Article Info

Publish Date
30 Aug 2026

Abstract

This study examines the legal and regulatory framework of Adat Courts in Indonesia, evaluating their viability as an Alternative Dispute Resolution mechanism. Despite the formal recognition of customary law in the 1945 Constitution and the new National Criminal Code (Law Number 1 of 2023), regulatory gaps persist regarding the harmonization of customary decisions with the national legal system. Utilizing a doctrinal legal approach with statutory, conceptual, and case analyses, this research investigates dispute resolution mechanisms across various customary jurisdictions. The findings reveal that Adat Courts offer a highly effective, restorative justice-oriented approach that promotes social harmony. However, their implementation requires rigorous state supervision to prevent conflicts with constitutional rights. This research contributes a novel perspective by positioning Adat Courts not merely as an ADR, but as a Primary Dispute Resolution (PDR) mechanism within a legally pluralistic framework. Robust supporting regulations are essential to prevent the rigid codification of dynamic customary laws while ensuring legal certainty.

Copyrights © 2026






Journal Info

Abbrev

PH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, ...