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intan juniarmi
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INDONESIA
Journal of Adat Recht
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30481074     DOI : 10.62872/xsde1488
Core Subject : Science, Education,
Chemistry Languange, Linguistic, Communication & Media Other
Journal of Adat Recht (JOAR) is a peer-reviewed open access international journal established for the dissemination of cutting-edge knowledge in the field of customary law. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two International Reviewers through a double-blind review process. This is to ensure the quality of manuscripts published in the journal. is published two times each year in January and July.
Arjuna Subject : Umum - Umum
Articles 27 Documents
 1   2   3 
The Existence Of Customary Law In The Legal System In Indonesia Susykawati, Eka
Journal of Adat Recht Vol. 1 No. 1 (2024): MEI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ygtdmb51

Abstract

A traditional law (hukum adat) is a law reflecting an Indonesian character; as a result it has been claimed as the law which is genuinely Indonesian. As an unwritten law, nowadays the existence of traditional law is questionable. It has been judged as conservative, stiff, primitive old fashioned comparing to the development of modern society. Some people argue that traditional law is unable to resolve the problems in this globalization era. In facts, traditional law has become a basic principle to legalize the contemporary laws. For instances, traditional laws inspires the law of UU. No 5 Th. 1960 about the major law of agrarian affairs and the la of UU. No. 1 Th. 1974 about marriage. The relevance of traditional law to current one is supported by the existence of UU. No. 4 Th. 2004 about the authority of judicial affairs, it opens the chance for the judges to execute and decide a case based on traditional laws.
Characteristics of Customary Law and Its Characteristics Siregar, Aziz
Journal of Adat Recht Vol. 1 No. 1 (2024): MEI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6xfcsg07

Abstract

In today's sophisticated era we sometimes forget the background of the birth of the law that we know in the social life environment in Indonesia and other Asian countries such as Japan as a country that is almost the same in ideological settings, namely the existence of sources where legal regulations are not written and growing and developing and maintained with the customs adopted by the community as a reference and guideline in step The background in the preparation of this paper is first to understand the terms and application of customary laws and habits in society as an implementation of social and kinship in society. Especially the Indonesian people who are still very strong today even become guidelines that cannot be separated from the current law
Reviving the Role of Customary Law as a Legal Foundation in the Development of the Indonesian Legal System Rahayu, Iin
Journal of Adat Recht Vol. 1 No. 1 (2024): MEI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rrncn088

Abstract

This research discusses the neglect of customary law as one of the sources of law in Indonesia, due to the perception that customary law is considered too traditional and unable to keep up with the times, such as globalization and technology. This research aims to explore areas of customary law that are still relevant in addressing the challenges faced by Indonesian society in the era of globalization, as well as to highlight the urgency of customary law as a foothold for national legal development policies. The research method used is descriptive analytical with a normative juridical approach. Data and information were obtained through interdisciplinary and multidisciplinary approaches as well as cross-sectoral, then analyzed in depth in a normative juridical manner. The results showed that several aspects of customary law, such as inheritance law, customary rights, pawn, rent, and profit sharing, still have relevance and can be a source of inspiration in the formation of national law and act as a source of law in the process of legal discovery.
The Position of Customary Law in the Legal System: An ExplorationRole, Challenges, and Integration in the Context of National Legal Development Saputri, Fitri Arianti
Journal of Adat Recht Vol. 1 No. 1 (2024): MEI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/esmxh108

Abstract

This article delves into the role of customary law within the Indonesian legal framework, examining its interaction with the Indonesian Constitution and national laws, and how it influences its application in various domains. Through analytical exploration, several key insights emerge. Firstly, customary law occupies a position in the Indonesian legal hierarchy akin to other national laws, albeit differing in its oral or unwritten nature. Secondly, the Constitution of 1945 acknowledges both written and unwritten laws, including customary law (hukum adat), alongside each other, though it places greater emphasis on formal written legislation in governing societal affairs. Thirdly, parliamentary responsiveness to this dynamic is essential, particularly evident in the creation of regional laws (Qanun) in Aceh, designed to accommodate the evolving nature of customary law within local communities. This adaptability underscores customary law's status as a form of living law, reflective of community norms and practices. Finally, the judiciary plays a pivotal role in overseeing legal consciousness within communities, particularly in addressing legal issues stemming from customary practices. Judicial prudence emerges as a vital source of legal identity, guiding decision-making processes with an understanding of community values and norms.
Indigenous Peoples and the Constitution: Implementation of Traditional Rights Recognition in Modern Legal Foundations dwi, seffiani
Journal of Adat Recht Vol. 1 No. 1 (2024): MEI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/8bsvnw62

Abstract

This article critically examines the historical and legal trajectory of indigenous peoples' rights recognition within the Indonesian Constitution. Drawing on insights from the theory of customary law rights recognition, as elucidated by constitutional scholars reflecting on the struggles of indigenous communities in Latin American contexts, it reveals a notable gap: despite containing elements of rhetorical support, none of Indonesia's Constitutions fully acknowledge or safeguard indigenous peoples' rights. This deficiency has allowed the state considerable latitude to disregard ancestral rights under the pretext of national interest. To address this, a reinterpretation of constitutional provisions pertaining to indigenous rights is advocated, grounded in the ethos of Indonesian unity amidst diversity. Without such a reinvigorated approach, the risk of further erosion or outright negation of indigenous rights looms large.
Restorative Justice in Customary Law: Alternative Dispute Resolution in Indigenous Communities Suhermi
Journal of Adat Recht Vol. 1 No. 2 (2024): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/nt54cz73

Abstract

Restorative justice is an alternative approach to dispute resolution that emphasizes the restoration of relationships between the parties involved, in contrast to the retributive approach that focuses on punishment. Based on the concept of the rule of law, legal certainty in Indonesia can not only be achieved through the norms contained in the law, but also by considering the values that live in society, such as customary law. This research aims to explore the application of restorative justice in customary law as an out-of-court dispute resolution mechanism. This research uses a normative research method that focuses on the study of legal documents, especially those related to the implementation of alternative dispute resolution that has been promulgated as Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The results show that customary law that emphasizes restorative justice is recognized and integrated in Law Number 30 of 1999, enabling out-of-court dispute resolution in a way that is more in line with local values. The recognition and integration of customary law in the national legal framework strengthens the role of customary law in achieving legal certainty in Indonesia, especially in the context of dispute resolution at the community level.
The effect of the Application of Restorative Justice System on the settlement of Criminal Cases in Indonesia in the perspective of Customary Law Medan, Karolus Kopong; Lewokeda, Kornelia Melansari Deran; Rumalean, Zonita Zirhani; Rois, Nur
Journal of Adat Recht Vol. 1 No. 5 (2025): JANUARI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/05scdp40

Abstract

The application of the Restorative Justice System (RJS) in Indonesia offers an alternative approach to resolving criminal cases by prioritizing reconciliation, victim recovery, and offender accountability. This study explores the impact of RJS on the resolution of criminal cases from the perspective of customary law, which plays a significant role in many Indonesian communities. By integrating customary practices into the formal legal framework, restorative justice fosters community involvement and strengthens social harmony. The research highlights successful case studies from regions such as Papua, Aceh, and Bali, demonstrating the effectiveness of customary law in promoting peaceful conflict resolution. However, challenges such as legal inconsistencies, limited public awareness, and lack of mediator training persist. The study concludes with policy recommendations to enhance the synergy between customary law and the national legal system, aiming to build a more inclusive and equitable criminal justice process in Indonesia.
Analysis of Recognition and Protection of Indigenous Peoples Rights in Land Policy in Indonesia Muharman, Dedy
Journal of Adat Recht Vol. 1 No. 5 (2025): JANUARI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xqyx4373

Abstract

This study aims to examine the recognition of Indigenous land rights in Indonesia, the challenges faced in their implementation, and provide policy recommendations to strengthen the protection of Indigenous rights in the land sector. Although Indonesia already has regulations that recognize indigenous peoples ' rights, such as the 1945 Constitution and various sectoral laws, implementation of recognition of Indigenous land rights is often hampered by regulatory overlap and conflicts of interest between the forestry, plantation, and mining sectors. In addition, the role of indigenous peoples in policy making is still limited. This study identifies the gap between regulation and field reality, as well as analyzing the social, economic, and environmental implications of the recognition of Indigenous land rights. The results showed the importance of harmonizing regulations, increasing the participation of indigenous peoples, and accelerating the certification of indigenous lands to increase legal certainty. This study suggests multi-stakeholder collaboration as a strategic step to strengthen the position of indigenous peoples in the management of their lands and Natural Resources.
The role of customary law in Environmental Conservation: A Case Study in Dayak Indigenous communities Khuan, Hendri; Sesario, Revi; Kurniawan, Andi
Journal of Adat Recht Vol. 1 No. 5 (2025): JANUARI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/vq7s7j07

Abstract

This research examines the role of Dayak customary law in environmental conservation, focusing on sustainable natural resource management. It explores how practices such as land-use restrictions, sacred forest protection, and conservation rituals contribute to ecosystem preservation. The study also identifies conflicts between customary law and national policies, particularly regarding land tenure and resource exploitation by industries. Using a normative legal approach, the research analyzes Indonesia’s legal framework, including the 1945 Constitution, the Forestry Law, and the Environmental Protection Law. Through case studies in Kalimantan, the study highlights the effectiveness of these practices in conserving the environment. The findings indicate that while customary law plays a crucial role in conservation, its potential is hindered by insufficient recognition and alignment with national laws. The study recommends enhancing the formal recognition of customary law through clearer legal frameworks, improving collaboration with local governments, and providing capacity-building programs for indigenous communities to ensure sustainable resource management.
Harmony Between Building Use Rights (HGB) Regulations and Defense Policies: A Customary Law Perspective in Natural Resource Management Muharman, Dedy
Journal of Adat Recht Vol. 1 No. 6 (2025): MARCH-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/84qnd061

Abstract

This study examines the harmony between the regulation of Building Use Rights (HGB), defense policies, and customary law in natural resource management in Indonesia. The disharmony among these three aspects often leads to land conflicts, resulting in legal uncertainty for indigenous communities. HGB regulations and defense policies tend to prioritize the interests of right holders and national defense, while legal recognition of indigenous land rights (ulayat rights) remains limited. As a result, indigenous communities lose access to land and natural resources that are integral to their economic, social, and cultural life. This study employs a normative juridical method with legislative, conceptual, and case approaches to identify regulatory disharmony and its impact on indigenous communities. The findings reveal that land conflict resolution often favors HGB holders and defense policies, with minimal involvement of indigenous communities in decision-making processes. Therefore, a more inclusive land policy is needed by strengthening the recognition of ulayat rights, integrating customary law into national regulations, and developing effective land dispute mediation mechanisms. This regulatory harmonization is expected to create a balance between state interests, right holders, and indigenous communities in sustainable and equitable natural resource management.

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