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SASI
Published by Universitas Pattimura
ISSN : 16930061     EISSN : 26142961     DOI : https://doi.org/10.47268/sasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ruang lingkup artikel yang terdapat dalam jurnal ini membahas berbagai topik di bidang Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Internasional, Hukum Administrasi, Hukum Lingkungan, Hukum Adat, Hukum Islam dan bagian lain yang terkait dengan isu-isu kontemporer di bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "volume 32 issue 2, june 2026" : 8 Documents clear
Pluralism in Health Law: Examining the Interplay between Customary and Formal Legal Systems in Indonesia and India Sukrisno, Wijayono Hadi; Arifin, Zainal; Ezenduka, Uzodinma Yurriens
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3587

Abstract

Introduction: Legal pluralism in the health sector is an important issue in countries with high social and cultural diversity such as Indonesia and India. Both countries have dual legal systems that combine state formal law with customary law that lives in communities, and the regulation and implementation of health services in practice are often colored by overlapping authority, local cultural values, and differing views on the legitimacy of traditional healing. This phenomenon poses challenges in realizing justice, access, and equity in health services. Purposes of the Research: This research aims to examine in depth the relationship and dynamics between the customary law system and the formal legal system in the context of health law in Indonesia and India. This study seeks to identify forms of interaction, potential conflicts, and opportunities for harmonization between the two legal systems in regulating traditional medicine practices and modern health services. Methods of the Research: This research uses a qualitative approach with comparative study methods and normative legal analysis. Data was collected through literature studies and analysis of laws and regulations. This approach allows mapping the relationship between customary norms and formal law and their influence on national health policy. Results of the Research: The results show that both Indonesia and India face similar challenges in integrating customary law systems with formal health laws. In Indonesia, customary law is constitutionally recognized but has not been fully integrated into health regulations. In India, traditional medicine systems such as Ayurveda and Unani gained stronger legal recognition. The study underscores the importance of an inclusive model of legal pluralism to ensure the protection of public health without neglecting local wisdom.
Reconstructing Justice in Land Acquisition for Public Interest in Indonesia from the Perspectives of Legal Pluralism Werner Menski Hayati, Muslimah; Noor Anugrah, Fajrian; Setiawan, Dri; Budiono, Arief; Ali Polatjon Ogli, Turdialiev Mukhammad
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3599

Abstract

Introduction: This article examines the recurring gap between the normative principle of justice in land acquisition regulations for public interest development and the reality of its implementation in Indonesia. This study highlights recurring conflicts, weak community participation, and socio-cultural tensions that arise in state-driven development projects. Purposes of the Research: This study aims to analyze issues of justice in land acquisition for public purposes and reconstruct a more balanced model of justice using Werner Menski's legal pluralism, which integrates state law, social norms, and moral-ethical values. Methods of the Research: This study employs normative legal research, adopting a legislative, conceptual, and philosophical approach. Analysis was conducted on the regulatory framework, land acquisition principles, and the application of Menski's triangular legal pluralism model to assess the gap between norms and field practices. Results of the Research: Findings reveal that the dominance of state-centered legal positivism in land acquisition often neglects socio-cultural values and moral dimensions of justice, resulting in social conflict, marginalization, and inequality. As its principal novelty, this study reconstructs the concept of justice in land acquisition through a pluralistic, participatory, and contextual model. This model integrates state law, living law, and ethical considerations, promotes meaningful community participation in decision-making processes, and adapts legal implementation to local socio-cultural realities. In doing so, it seeks to balance legal certainty, social legitimacy, and substantive justice in the governance of land acquisition.
Baduy Customary Law from the Perspective of Human Rights and Religious Freedom Zaenudin, Zaenudin; Saepudin, Eli Apud
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3666

Abstract

Introduction: Baduy customary law is a system of norms that governs the social, spiritual, and ecological life of the Baduy people in Banten. The uniqueness of this customary law lies in its adherence to the principle of pikukuh karuhun (ancestral rules), which rejects modernization and maintains the sanctity of tradition. However, in the context of a modern state that upholds human rights and religious freedom, questions arise as to the extent to which Baduy customary law can coexist with universal human rights principles, particularly the rights to freedom of religion and expression. Purposes of the Research: This study aims to analyze the compatibility between Baduy customary law and human rights principles, as well as to examine the dynamics of the relationship between indigenous communities and the state in maintaining a balance between collective and individual rights. The research method used is a juridical-sociological approach with data collection techniques through literature studies, interviews, and field observations in the Inner Baduy and Outer Baduy regions. Methods of the Research: Using a juridical-sociological approach, with data collection techniques through literature studies, in-depth interviews, and field observations in the Inner Baduy and Outer Baduy regions, in order to understand the relationship between customary law, human rights, and religious freedom contextually. Results of the Research: This research reveals that Baduy customary law, while seemingly restrictive, is fundamentally oriented toward spiritual values. The state needs to adopt a multicultural and recognition-based approach to protect the rights of indigenous peoples without negating human rights principles. Integrating customary law into the national legal framework is key to achieving contextual and inclusive justice.
Asymmetric Decentralization in Indonesia: Monarchical Legacy and Sultanate Succession in Yogyakarta Sulaiman, King Faisal; Nasrullah, Nasrullah; Ahmad, Ahmad; Fathi, Muhammad; Musa, Nurhafilah
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3687

Abstract

Introduction: This study analyzes the legitimacy of the Crown Princess’s appointment in Yogyakarta through the Sabda Raja decree and its alignment with Paugeran Adat, the customary constitutional foundation of the Yogyakarta monarchy. Purposes of the Research: It also examines the broader implications of this appointment for the gubernatorial position in the Special Region of Yogyakarta and offers recommendations for future succession models. Methods of the Research: This research employs a normative legal approach, comprising three stages: a literature review of primary and secondary legal materials, conceptual and comparative analysis, and the formulation of conclusions and recommendations. Results of the Research: The findings highlight Yogyakarta's distinctive asymmetric decentralization, particularly its hereditary gubernatorial succession. The Crown Princess's appointment as Heir contravenes Paugeran Adat, which traditionally forbids female Sultans. To override this customary barrier, the Sultan issued the Dawuh Raja (King's Decree), yet this move has generated substantial controversy. Adding to this complexity, the Constitutional Court's ruling affirms the Sultan's prerogative without explicitly adjudicating gender qualifications, thereby leaving a legal vacuum that fuels the ongoing dispute. To address this, the study recommends revising the Special Autonomy Law to align legal provisions with local constitutional customs, ensuring future successions are both legally sound and culturally coheren.
Normative Tensions between International Law and Customary Legal Systems: Comparative Insights from Indonesia and Spain Zamrud, Wa Ode; Pozo, Antonio Gutiérrez
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3696

Abstract

Introduction: This article examines the normative tension between international law and customary legal systems within the framework of global legal pluralism. It highlights how universal principles such as self-determination, human rights, and the rule of law interact with local values grounded in spirituality, social balance, and communal legitimacy. Within this context, the incorporation of global norms into local legal systems often generates epistemological and ideological frictions that influence the structure and legitimacy of national law. Purposes of the Research: This research aims to analyze the forms and characteristics of normative tensions between international law and customary legal systems in Indonesia and Spain. Furthermore, it seeks to examine the legal approaches adopted by both countries in negotiating the relationship between international legal norms and local values. Methods of the Research: This study employs a normative legal research method using a comparative approach and a conceptual approach. The focus of analysis lies in the examination of norms, principles, and legal doctrines governing the relationship between international law and customary legal systems. Data were processed through inventory, classification, and systematization, and analyzed using a qualitative-descriptive method combined with deductive reasoning to formulate normative conclusions. Results of the Research: The findings reveal that normative tensions in Indonesia exhibit an asymmetrical translation, where the state functions as a dominant filter that often reduces customary values into administrative norms. In contrast, in Spain, the tension manifests as horizontal-institutional, as the interaction between international norms and regional customary law (fuero) occurs through constitutional mechanisms. Indonesia demonstrates a negotiation pattern through a contextual universalism model, emphasizing the internalization of global values within the moral and spiritual framework of customary law. Meanwhile, Spain applies institutional pluralism through its system of regional autonomy. The novelty of this research lies in the proposition of an Adaptive Legal Pluralism Framework as a new paradigm for harmonizing international law and customary law based on inter-normative dialogue and respect for local legitimacy.
Legal Governance of Traditional Health Practitioners in Plural Legal Systems: Indonesia and China Suhartono, Mutia Aprilia; Suhartono, Rizki Mustika; Salam, Safrin; Ribeiro, Leonito
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3706

Abstract

Introduction: This article examines the legal governance of traditional health practitioners within plural legal systems in Indonesia and China. Although traditional health practices function as living law rooted in customary knowledge, state regulation increasingly subjects them to licensing, standardization, and administrative control. This condition raises legal tension between customary norms and formal health law, particularly regarding professional recognition, legal authority, and protection of traditional knowledge within modern healthcare systems. Purposes of the Research: The purpose of this study is to analyze and compare how Indonesia and China regulate traditional health practitioners within plural legal systems, focusing on licensing mechanisms, state recognition, and the position of traditional knowledge as living law under contemporary health governance. Methods of the Research: This research employs normative legal research using a comparative law approach. The study applies statute and conceptual approaches to examine laws, regulations, and policy frameworks governing traditional health practitioners in Indonesia and China. Legal materials are analyzed qualitatively to identify governance models and normative gaps. Results of the Research: The findings show that both Indonesia and China formally recognize traditional health practitioners but regulate them through state-centric licensing systems that marginalize customary governance. China integrates traditional practitioners into its national health system, while Indonesia maintains fragmented regulation with limited customary recognition. This study contributes novel insights by positioning traditional health practice as living law and proposing the need for sui generis governance models that reconcile legal pluralism with regulatory certainty.
Formalization and Documentation: Transforming the Aceh Customary Legal System in Dispute Resolution Through Mediation Syahputra, Muhammad Rudi; Tasrizal, Tasrizal; Ikramullah, Muhammad
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3771

Abstract

Introduction: Dispute resolution through customary courts in Aceh has long been conducted by community leader (keuchik, tuha peut, and imeum meunasah) through mediation based on deliberation, consensus, and the restoration of social harmony. In the modern legal context, this living and predominantly oral mechanism faces challenges when interacting with the formal legal system, which requires written procedures, documentary evidence, and stronger institutional accountability. Purposes of the Research: This study aims to analyze how formalization and documentation transform Aceh’s customary dispute resolution system, and to explain the challenges, opportunities, and institutional model required to integrate customary mediation with the national legal framework without weakening local wisdom. Methods of the Research: The research employs an empirical juridical method with a socio-legal approach. Data were collected through literature review, observations of mediation stages and interactions in selected gampong, and in-depth interviews with experienced customary leaders, representatives of the Aceh Customary Assembly (Majelis Adat Aceh), law enforcement officials, and community members involved in customary mediation. Results of the Research: The findings reveal that Aceh has established a regulatory framework supporting customary justice through Qanun Number 9/2008, Qanun Number 10/2008, and Qanun Number 8/2019, accompanied by growing documentation practices such as written minutes and peace agreements. Formalization strengthens procedural certainty, accountability, and coordination with formal justice, but it also faces tensions arising from differences in legal culture, local customary variations, limited administrative capacity, overlapping authority, and the absence of executory legal force for customary settlements. The novelty of this study lies in formulating a flexible model of customary mediation that standardizes core procedural and documentary elements while preserving deliberation, consensus, kinship, and locally rooted sanctions as the substance of Acehnese customary justice.
Comparative of Environmental Law Enforcement Based on Legal Pluralism in Indonesia and Hungary: Efforts to Protect Indigenous Communities in Achieving Sustainable Environmental Governance Bhyasa, Putu Paramaditya Bhaskara; Kurniawan, I Gede Agus; Nikolet, Talabos Dávidné Lukács
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3828

Abstract

Introduction: Environmental law enforcement is a comprehensive effort that involves all aspects, including indigenous communities, by accommodating the perspective of legal pluralism. Purposes of the Research: This research focuses on analyzing environmental law enforcement based on the concept of legal pluralism and efforts to protect indigenous communities in Indonesia and Hungary as an effort to achieve sustainable environmental governance. Methods of the Research: This research is a normative legal study with a conceptual, comparative, and legislative approach. Results of the Research: Environmental law enforcement based on legal pluralism must be grounded in the concept of environmental sustainability, which is based on several principles, namely the principles of prevention, responsibility, justice, participation, sustainability, and restoration. The comparison of environmental law enforcement between Indonesia and Hungary in protecting indigenous communities reveals substantial similarities regarding the existence of legal instruments to regulate optimal environmental law enforcement. However, the regulations regarding the approach to legal pluralism related to environmental law enforcement in Indonesia and Hungary can be said to still be suboptimal. This research recommends that Indonesia needs a hybrid customary-state forum based on deliberation for the integration of state, customary, and religious laws based on pluralism, while Hungary requires reforms in line with the spirit of the EU Roma Framework 2030 thru post-disaster renovation to avoid environmental racism.

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