LamLaj
Vol. 11 No. 2 (2026): September

Bridging Legal Formalization and Living Law: The Urgency of a National Customary Offenses Portal in Indonesia

Zyunika Rahma (Faculty of Law, Universitas Negeri Surabaya, Indonesia)
Nabilla Desyalika Putri (Faculty of Law, Universitas Negeri Surabaya, Indonesia)



Article Info

Publish Date
12 Oct 2026

Abstract

Law No. 1 of 2023 on the Criminal Code (the National Criminal Code) recognizes living law and thereby gives customary offenses legal standing as a basis for criminal liability. Formalizing these offenses, however, creates new problems: regulatory fragmentation, limited access to legal information, and a widening gap between written norms and the norms that Indigenous communities actually observe. This study pursues two objectives: first, to analyze the challenges of implementing customary offenses as living law after the enactment of the National Criminal Code; and second, to analyze why customary-offense data should be digitized in a single national portal. It asks why a National Customary Offenses Portal (Portal Delik Adat Nasional) is now urgently needed to support the implementation of living law. The study uses normative legal research with statutory and conceptual approaches and analyzes legislation, academic literature, and prior research descriptively and qualitatively. The findings show that, once living law has been recognized, the main obstacle is no longer the normative legitimacy of customary offenses but the absence of a legal information system that keeps customary legal data accessible, current, and integrated nationwide. This study therefore proposes the portal as an integrated digital system that continuously compiles and updates information on customary offenses.

Copyrights © 2026






Journal Info

Abbrev

abc

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Notary Law, Civil Law, Inheritance ...