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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 460 Documents
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Customary Law for Equitable Spatial Planning: Preventing Social Bankruptcy and Enhancing Community Welfare Adnan, Muhammad Ali; Sunarto, Atika; Khair, Azizan
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3467

Abstract

Introduction: This study examines the role of customary law as an instrument for equitable spatial planning in preventing socio-economic bankruptcy and enhancing the welfare of indigenous communities in Indonesia. As a living and dynamic legal system, customary law embodies values of ecological balance, deliberation, and restrictions on land conversion without community consent. However, in practice, many regional spatial planning policies have failed to integrate customary norms, resulting in spatial conflicts and social disintegration.Purposes of the Research:  The research aims to analyze how customary law can serve as both a normative and practical foundation for equitable spatial planning, and how integrating local values can prevent social bankruptcy while strengthening the welfare of indigenous peoples.Methods of the Research: This study employs a normative-juridical approach combined with socio-legal analysis to examine the interaction between statutory law and customary practices in spatial management, supported by case studies of customary land conflicts in Salang Tungir Village (Deli Serdang Regency) and Aras Napal Village (Langkat Regency).Results of the Research: Findings indicate that neglecting customary law norms in spatial planning leads to the loss of community access to productive spaces, weakens local economies, and triggers social conflicts. Conversely, applying customary law in spatial planning—through recognition of customary rights, consent mechanisms, and active community participation—fosters spatial justice and enhances community welfare. This study introduces the concept of “customary law-based spatial planning,” which integrates local values with principles of social and ecological justice in national spatial planning policies, offering a framework for more inclusive and sustainable development.
Legal Certainty of Assignment in Postponement of Debt Payment Obligations Applications: Synergy Between Positive Law, Customary Law, and the Theory of Legal Pluralism S, Binsar Jon Vic; Iryani, Dewi; Kapanadze, Maia
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3414

Abstract

Introduction: The assignment of receivables through cessie is an essential instrument in Indonesian civil law practice, including within the mechanism of Postponement of Debt Payment Obligations. In practice, however, legal uncertainty often arises concerning the legal standing of substituted creditors who acquire claims through cessie when involved in Postponement of Debt Payment Obligations proceedings. The absence of explicit regulation in the Civil Code and Law Number 37 of 2004 creates juridical ambiguities that may disadvantage both creditors and debtors.Purposes of the Research:  The purpose of this research is to examine the legal certainty of cessie within Postponement of Debt Payment Obligations by exploring the synergy between positive law, customary law, and legal pluralism theory.Methods of the Research: This study employs a normative juridical method, utilizing both the statute approach and the conceptual approach, with data collected through literature review of primary and secondary legal sources.Results of the Research: The findings demonstrate that legal certainty of cessie in Postponement of Debt Payment Obligations cannot rely solely on positive law but must also incorporate the legitimacy rooted in living customary law. The novelty of this research lies in the integration of legal pluralism theory to bridge positive law and customary law, thereby providing more comprehensive legal protection for both creditors and debtors. This research advances scholarly discourse by offering a model of synergy that may guide policymakers and judges in interpreting the status of cessie in Postponement of Debt Payment Obligations cases, thus ensuring legal certainty in both formal and substantive terms.
The Transformation of Hindu Dharma Values into Legal Norms: Ambiguity in the Awig-Awig of Kesian Customary Village Wacika, Made Wiswani; Ardini, Ni Putu Ayu Meylan; Dewi, Anak Agung Istri Ari Atu
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3668

Abstract

Introduction: Customary Village in Bali regulates the social and religious life of its community through customary law known as Awig-Awig. In Kesian Customary Village, Awig-Awig reflects the transformation of Hindu Dharma values into written normative rules intended to preserve social harmony and communal order. However, several provisions remain general and abstract, creating vage normen (vague norms) that generate normative ambiguity and potentially weaken legal certainty and the protection of the rights of krama Village, particularly in matters related to customary sanctions and inheritance.Purposes of the Research: This research aims to analyze the formulation of Hindu Dharma values within the Awig-Awig of Kesian Customary Village and to examine the juridical implications of these vague norms on the consistency of customary law enforcement and the protection of village community rights.Methods of the Research: This study employs normative legal research focusing on the ambiguity of Hindu Dharma values in written customary law. It applies statutory, conceptual, and philosophical approaches using primary legal materials such as the Awig-Awig of Kesian Customary Village and secondary materials including Hindu legal literature and customary law doctrines, which are analyzed through qualitative normative interpretation.Results of the Research: The findings show that Article 26 paragraph (3) and Article 49 contain vague norms due to the absence of clearly defined prohibited acts, determination procedures, and measurable sanctions. This ambiguity gives broad discretionary authority to customary leaders and risks inconsistent enforcement. The novelty of this research lies in providing a normative critique of Awig-Awig formulation from the perspective of legal certainty and recommending clearer legal standards to strengthen the protection of village community rights.
Reconciling Civil Code and Customary Law in Chinese Inheritance Disputes in Indonesia Rahayu, Tajqia Qalbu; Harrieti, Nun
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3547

Abstract

Introduction: This article examines the settlement of inheritance disputes within the Chinese ethnic community in Indonesia, which faces unique challenges due to legal pluralism. The coexistence of inheritance law under the Indonesian Civil Code and traditional Chinese customary law often leads to conflict, particularly regarding gender equality and fairness in the distribution of assets. This tension reflects a broader issue in harmonizing positive law with deeply rooted cultural traditions.Purposes of the Research: The purpose of this study is to analyze inheritance disputes in the Chinese ethnic community through the perspectives of the Civil Code and Chinese customary law, highlighting points of convergence, areas of conflict, and their implications for legal certainty and justice.Methods of the Research: This study employs a normative juridical method, focusing on legal norms derived from statutory regulations, court decisions, and legal doctrines concerning inheritance law. The primary legal materials analyzed include relevant provisions of the Indonesian Civil Code (KUHPerdata), particularly those regulating heirs and inheritance distribution, as well as Decision Number: 486/Pdt.G/2023/PN Sby of the Surabaya District Court. Secondary materials consist of scholarly books and journal articles on inheritance law, legal pluralism, and Chinese customary law. All materials were collected through document study and analyzed qualitatively using a descriptive-analytical approach.Results of the Research: The findings reveal that Chinese customary law remains patrilineal, tending to prioritize male heirs, whereas the Civil Code upholds equality among heirs regardless of gender or birth order. Judicial decisions increasingly prioritize the Civil Code to ensure justice, indicating a shift away from discriminatory customary practices. This study contributes to the discourse by demonstrating how judicial practice reconciles legal pluralism to guarantee equal protection for all heirs.
Constitutional Ethics Rooted in Customary Values: Comparative Analysis between Indonesia and Russia Amin, Fakhry; Begishev, Ildar Rustamovich
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3493

Abstract

Introduction: Constitutional ethics reflect the moral dimension that guides the administration of the state based on the cultural and historical values of the nation. Every country in the global context has a root value that shapes the character of its constitution. Indonesia and Russia are interesting examples because they both place local ethics, culture, and traditions as the basis for constitutional legitimacy.Purposes of the Research: This research aims to analyze and compare how customary and cultural values affect the formation and implementation of constitutional ethics in Indonesia and Russia. Through this study, it is hoped that a deeper understanding of the relationship between culture, ethics, and the constitution as the main pillars of morality in modern governance can be found.Methods of the Research: The research method used is qualitative and comparative with normative and socio-cultural approaches. Data was obtained through literature studies of constitutional documents, legal texts, and the results of previous research. The analysis was carried out in a descriptive-comparative manner to explore the similarities and differences between the two legal systems in internalizing customary-based ethical values into constitutional principles and state practices.Results of the Research: The findings show that both Indonesia and Russia have strong constitutional ethics rooted in the traditions of their people. Indonesia emphasizes social harmony, mutual cooperation, and social justice based on Pancasila, while Russia emphasizes the values of loyalty, national solidarity, and spirituality. Although they differ in their source of value, they show that the constitution is not just a legal document, but a reflection of the nation's moral and cultural identity that strengthens the state's legitimacy and social integrity.
The Interplay of Customary Law and Labor Regulations: A Comparative Legal Pluralism Study in Indonesia and Algeria Febriharini, Mahmuda Pancawisma; Kunarto, Kunarto; Driss, Bakhouya
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3483

Abstract

Introduction: This study examines the interaction between customary law and national labor regulations in Indonesia and Algeria through the lens of legal pluralism. The research is motivated by the persistent coexistence of formal state law and traditional practices in shaping employment relations, which is particularly evident in societies with strong communal and religious traditions. Both Indonesia and Algeria represent cases where historical legacies of colonialism, post-independence political choices, and enduring social structures have produced distinctive forms of legal pluralism in labor relations.Purposes of the Research:  The purpose of this research is to compare how legal pluralism operates in the two countries to regulate employment relations, resolve labor disputes, and accommodate customary norms within national frameworks.Methods of the Research: This study applies a normative legal research method with a comparative legal approach. Primary data sources include statutory regulations such as the Indonesian Labour Law Number 13 of 2003 (as amended by the Job Creation Law 2020 and Law Number 6 of 2023) and the Algerian Labour Code (Law Number 90-11/1990), while secondary data are drawn from academic literature, case studies, and reports from international institutions like the ILO. Data were analyzed using a descriptive-comparative technique to identify similarities, differences, and integration patterns between customary law and national labor regulations.Results of the Research: The findings reveal that both Indonesia and Algeria institutionalize pluralism by formally recognizing certain customary practices, such as oral employment agreements in Algeria and community-based contractual practices in Indonesia. This novelty lies in demonstrating how pluralism is not merely a social phenomenon but also a legally recognized mechanism for regulating labor relations and dispute resolution. This study advances existing knowledge by showing that legal pluralism provides a flexible and context-sensitive framework for labor law, balancing global standards with local legitimacy.
Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks Arifin, Miftah; Arifin, Zainal; Widiastuti, Anna; Ismanto, Hadi; Giang, Vu Le
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3425

Abstract

Introduction: Economic globalization has strengthened foreign investment flows in developing countries such as Indonesia and Vietnam. However, investment policy orientations that overemphasize economic efficiency often ignore social justice for local communities. This inequality raises the need to revisit the legal framework that governs the relationship between foreign investors and the recipient community. Customary law is seen as a source of values and moral principles that can strengthen social legitimacy in the practice of foreign direct investment (FDI).Purposes of the Research:  This study aims to analyze how customary law can play a role in restoring social justice through the implementation of corporate social responsibility (CSR) and performance requirements in foreign investment, by comparing the legal frameworks of Indonesia and Vietnam, this study seeks to find a model of customary law integration that is able to balance economic interests with the social and cultural values of local communities.Methods of the Research: This study uses a normative-comparative legal approach by analyzing laws and regulations, policy documents, and CSR implementation practices in Indonesia and Vietnam. Data was collected through literature studies and content analysis of various primary and secondary legal sources. A comparative approach is used to identify similarities and differences in the application of customary law as the basis for foreign investment policies in both countries.Results of the Research: The results of the study show that Indonesia has adopted customary law principles, such as mutual cooperation and social justice, within the legal framework of CSR and investment performance requirements. In contrast, Vietnam still emphasizes socialist state policies without explicit recognition of local customary law values. The integration of customary law has been proven to strengthen the social legitimacy and sustainability of investments, as it fosters corporate social responsibility that is in line with community values and promotes more equitable and inclusive development.
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.
Harmonizing Baduy Customary Law with 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.

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