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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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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.
Navigating Legal Pluralism in the Conflict Between Waqf and Customary Land in Indonesia Sriutami, Rahayu; Rezki, Moch. Gufron Fajar
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3457

Abstract

Introduction: The dualism of land law in Indonesia (positive law, Islamic law, customary law) that causes conflicts, especially between waqf land and customary heritage land. Purposes of the Research: Analyze the roots of conflicts, implications for legal certainty, and find integrative solutions. Methods of the Research: The research uses a normative legal method with a descriptive-analytical approach through a literature study of laws and regulations, doctrines, and scientific literature related to agrarian law, waqf, and customary law community rights. Results of the Research: The results of the study show that disputes generally originate from differences in the concept of land ownership, where waqf law places land as an individual right that can be waqf for religious and social purposes, while customary law views land as a communal asset that has historical, cultural, and spiritual value so that any change in status must obtain the approval of all parties who are entitled to it. This paradigm difference causes the administrative recognition of the state to not always be in line with the social legitimacy that lives in indigenous peoples, thus giving rise to legal uncertainty and prolonged conflicts. This research emphasizes the importance of harmonizing agrarian law, Islamic law, and customary law through strengthening land status verification, optimizing waqf administration, involving customary institutions in the decision-making process, and increasing coordination between agencies. This approach is expected to be able to realize legal certainty that is not only formal, but also reflects substantive justice and maintains social harmony in the settlement of land disputes in Indonesia.
The Value of Restorative Justice in Balinese Customary Criminal Law in Cases of Sexual Violence Putri, I Gusti Ayu Kabhita Julia; Gorda, A A A Ngurah Tini Rusmini
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3717

Abstract

Introduction: This article examines sexual violence as a serious human rights violation that affects victims physically, psychologically, and socially, including within indigenous communities in Bali. The handling of sexual violence cases therefore requires a legal approach that goes beyond punishment and emphasizes victim recovery while maintaining social harmony. In this context, Balinese customary criminal law, which is rooted in local wisdom, offers restorative justice values that merit critical examination within the national legal framework. Purposes of the Research: The purpose of this study is to analyze the values of restorative justice embedded in Balinese customary criminal law in addressing cases of sexual violence and to assess their relevance and compatibility with Indonesia’s national legal system, particularly in relation to victim protection and human rights standards. Methods of the Research: This research employs normative juridical legal research using a literature study approach. The study analyzes primary legal materials, including statutory regulations, and secondary legal materials such as books, academic journals, and official reports to examine restorative justice principles in Balinese customary criminal law. Results of the Research: The findings show that restorative justice values have long existed in Balinese customary criminal law through mechanisms emphasizing harmony and social balance. However, their application in sexual violence cases reveals normative tensions, as customary settlements may marginalize victims’ rights. This study contributes original insight by critically positioning Balinese customary law as a complementary, not substitutive, mechanism to national criminal law in ensuring victim-centered justice.
Baduy Customary Law Pluralism in the Legal Framework of the Indonesian Constitution: Towards Fair Governance Hendrawati, Sulkiah; Saepudin, Eli Apud
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3764

Abstract

Introduction: The pluralism of Baduy customary law is a constitutional reality within the Indonesian constitutional system, particularly regarding the recognition of indigenous communities. The existence of Baduy customary law influences local governance, which is based on local wisdom, customary adherence, and social sustainability. However, the harmonization of customary law and state law often faces normative and implementation challenges. Purposes of the Research: This study aims to analyze the pluralism of Baduy customary law within the framework of Indonesian constitutional law and its implications for just governance. The research focuses on the form of constitutional recognition, the relationship between state authority and customary institutions, and the contribution of Baduy customary law in realizing the principles of justice, legal certainty, and respect for the rights of indigenous peoples contextually, normatively, and empirically within Indonesia's current modern and diverse regional government system. Methods of the Research: The research method used is qualitative research with a normative juridical and sociolegal approach. Data were obtained through a library study of laws and regulations, court decisions, and scientific literature, supported by empirical data from previous studies. Data analysis was conducted descriptively and analytically to interpret the relationship between Baduy customary law and the principles of constitutional law and the Indonesian constitution, values ​​of justice, pluralism, customary recognition, and the practice of sustainable, adaptive, contextual, democratic, and national local governance. Results of the Research: The research findings indicate that Baduy customary law holds a strategic position within the national legal system through conditional constitutional recognition. The novelty of this research lies in the assertion that customary legal pluralism does not conflict with constitutional law, but rather enriches the concept of just governance. The integration of Baduy customary values ​​supports the principles of substantive justice, community participation, and respect for collective customary rights. These findings emphasize the need for adaptive constitutional policies policies based on the values ​​of the Indonesian constitution to ensure harmony between customary law and the state in a sustainable, inclusive, democratic, contextual, national, modern, responsive, just, dignified, balanced, participatory, and constitutionally oriented manner.
Legal Pluralism in Contracts: Reconstruction of the Principle of Freedom of Contract for the Harmonization of Customary and National Law Agustini, Shenti; Bajury, Mimi Sintia Mohd; Agustianto, Agustianto; Jaya, Febri; Fitri, Winda
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3812

Abstract

Introduction: This article examines the normative tension between the principle of freedom of contract in national civil law and the practice of customary agreements within indigenous communities. In the Indonesian legal system, contractual relations are generally constructed on an individualistic and formal legal framework, while customary agreements are rooted in communal values, unwritten norms, and local wisdom. Within the perspective of legal pluralism, the coexistence of these different legal orders often generates challenges in terms of recognition, validity, and legal enforcement. Purposes of the Research: The purpose of this research is to identify the normative points of tension between the doctrine of freedom of contract and the practice of customary agreements and to formulate a conceptual model for integrating these norms within the national civil law system through the perspective of legal pluralism. Methods of the Research: This research employs a normative juridical method using statute, conceptual, and comparative approaches. Legal materials consist of primary legal sources such as legislation and secondary materials including legal doctrines and scholarly writings related to civil law, customary law, and legal pluralism. Results of the Research: The findings reveal that the normative tension between the principle of freedom of contract and customary agreements stems from differences in legal subjects, consent, evidentiary standards, bargaining positions, and legal authority. To address these tensions, this study proposes an integration model through the reconstruction of the freedom of contract doctrine to accommodate communal values, a progressive approach recognizing customary agreements as legally valid, adaptive evidentiary mechanisms that incorporate customary proof, and legal pluralism-based harmonization between national civil law and customary law. These models preserve legal certainty while strengthening recognition of indigenous communities' living law.
Harmonizing Legal Positivism and Natural Law for Social Engineering: Addressing Child Marriage in Indonesian Indigenous Communities Tan, Winsherly; Kalita, Manashi; Rusdiana, Shelvi; Situmeang, Ampuan; Seroja, Triana Dewi
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3829

Abstract

Introduction: This article examines the normative tension between state law and customary law in regulating child marriage practices within indigenous communities. In the Indonesian legal system, marriage is regulated through a formal legal framework emphasizing legal certainty and protection, while customary practices are rooted in communal values, traditions, and unwritten norms. Within the perspective of legal pluralism, the coexistence of these legal systems often creates challenges in terms of effectiveness, compliance, and social legitimacy. Purposes of the Research: The purpose of this research is to analyze the application of legal positivism and natural law theory in social engineering toward child marriage practices in indigenous communities, as well as to formulate an appropriate approach for addressing such practices within the framework of Indonesian law. Methods of the Research: This research employs a normative juridical method using statute and conceptual approaches. Legal materials consist of primary sources such as legislation and secondary sources including legal doctrines and scholarly writings related to customary law, marriage law, and legal theory. Results of the Research: The findings reveal that the persistence of child marriage in indigenous communities reflects a normative tension between the formal validity of state law and the moral legitimacy of customary law. Neither legal positivism nor natural law independently provides an adequate solution. Instead, an integrative approach based on Roscoe Pound's concept of law as social engineering, supported by legal positivism and natural law, offers a more effective framework for promoting legal reform while respecting indigenous cultural values. This study contributes to the literature by proposing an integrated analytical framework that bridges legal certainty, moral legitimacy, and participatory social transformation in legally pluralistic societies.

Page 46 of 46 | Total Record : 460

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