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intan juniarmi
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Jl. Raya Yamin No.88 Desa/Kelurahan Telanaipura, kec.Telanaipura, Kota Jambi, Jambi Kode Pos : 36122
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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
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Critical Analysis of Customary Law and Community Welfare Saimima, Judy Marria; Wadjo, Hadibah Zachra; Salmon, Harly Clifford Jonas
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/b2vetj66

Abstract

This study aims to critically analyze the role of customary law in improving community welfare, as well as how customary law is accommodated or confronted with the national legal system in the context of development. The method used is the Systematic Literature Review (SLR), which allows researchers to compile and synthesize information from various academic sources systematically, structured, and critically. The research process begins with the formulation of research questions, literature selection based on inclusion and exclusion criteria, evaluation of source quality, to narrative synthesis of the main themes that emerge from the literature, such as customary-based natural resource management, protection of local community rights, and state recognition of customary law. The results of the study show that customary law, as an unwritten legal system that is flexible and contextual, plays an important role in maintaining cultural identity, resolving conflicts, and managing resources sustainably. Although recognized in the constitution, customary law faces external challenges such as modernization and pressure from state law, as well as internal challenges such as potential discrimination and cultural commodification. Therefore, it is necessary to update customary law to be more inclusive and adaptive, as well as harmonious integration with national law supported by government policies, customary leaders, and civil society. This study emphasizes the importance of strengthening customary law as a strategic element in realizing the welfare of indigenous communities in a just and sustainable manner.          
The Effect of Customary Law on The Distribution of Heritage to Indigenous Peoples in Indonesia Rosalia, Olyvia; Firayani; Taupiq
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/sbqnab98

Abstract

This study discusses the influence of customary law on the distribution of inheritance within indigenous communities in Indonesia, as well as how customary law is recognized within the national legal system. Indigenous communities possess diverse inheritance systems, such as patrilineal (Batak, Nias), matrilineal (Minangkabau), and bilateral (Javanese, Sundanese) systems, which often differ from the provisions of positive law, such as the Civil Code and the Compilation of Islamic Law. This study employs normative legal research methods with a statutory approach to analyze the regulations governing customary inheritance. The findings indicate that although the state has acknowledged the existence of customary law through Article 18B Paragraph (2) of the 1945 Constitution, Law No. 5 of 1960, and Law No. 6 of 2014, challenges remain in its implementation particularly regarding conflicts with national law and the potential for gender discrimination in certain customary systems. The study concludes by emphasizing the need for harmonization between customary and national law to create a more equitable inheritance system that aligns with the principles of human rights protection.
The Dynamics of Customary Land Dispute Resolution: Between Customary Law and Positive Law Judijanto, Loso
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: 10.62872/3thjkk37

Abstract

  This research delves into the intricate interplay between traditional customary norms and formal statutory provisions in addressing indigenous land conflicts within Indonesia. Adopting a normative juridical framework, the study dissects the underlying legal doctrines, status, and operational realities of indigenous dispute resolution systems, while also scrutinising their interface with the formal mechanisms of state law. The analysis demonstrates that customary frameworks retain profound influence as mechanisms of land conflict resolution among native populations—an influence grounded in deep-rooted cultural authority, emphasis on communal restoration, and procedural informality. Nevertheless, the continued absence of consistent juridical acknowledgement and the lack of systemic integration within the national legal architecture have given rise to ambiguity and compromised the enforceability of traditional verdicts. Through an examination of statutory texts, judicial precedents, and scholarly discourse, the study exposes the pressing necessity for legal transformation—urging the institutionalisation of a more inclusive jurisprudential model that allows indigenous legal traditions to coexist and collaborate with state-driven legal protocols. It proposes the establishment of integrative frameworks, enhanced administrative mechanisms, and culturally responsive judicial interpretation as critical steps toward narrowing the legal divide and realising equitable access to justice in indigenous land affairs.
Agrarian Conflict and Customary Land Rights: An Adat Law Perspective on Land Dispute Resolution Judijanto, Loso
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/hnkymc46

Abstract

 Land disputes in Indonesia persist as a major issue, primarily arising from the conflict between the formal national legal system and the Indigenous legal traditions governing land ownership, particularly Adat Law. This research investigates agrarian conflicts, focusing on how traditional land rights (hak ulayat) often clash with the modern legal frameworks that dominate the national system. The study identifies the profound disconnect between state laws and the cultural practices of Indigenous communities, stressing the urgent need for a legal framework that honors both formal and customary law. Through the examination of current conflict cases, the research demonstrates that traditional conflict resolution methods rooted in Adat Law, with their emphasis on community consensus, offer a more sustainable and just approach compared to rigid state systems. The findings argue for the acknowledgment and legal incorporation of customary law in addressing land disputes, thereby protecting the land rights of Indigenous peoples. Furthermore, the study advocates for a transformation in national agrarian policies to establish a cohesive legal approach that respects and integrates both customary and formal legal systems, ultimately paving the way for a more inclusive and just agrarian reform process.
The Status of Adat Law in Traditional Courts: Between Validity and Legitimacy in the Eyes of National Law Rosalia, Olyvia; Nurahman, Dwi
Journal of Adat Recht Vol. 2 No. 1 (2025): MAY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/nt2frm17

Abstract

This study examines the position of customary law within Indonesia’s customary courts, exploring the delicate balance between legality and legitimacy from the perspective of national law. Customary law holds a significant place in Indonesia’s pluralistic legal system, recognised constitutionally and through various statutes such as Law Number 6 of 2014 on Villages and Law Number 48 of 2009 on Judicial Power. However, its practical enforcement and integration remain challenged by legal ambiguities and limited formal recognition, particularly concerning customary courts’ jurisdiction and authority. This research employs a normative legal approach, analysing relevant legislation, constitutional provisions, and judicial decisions to understand how customary law navigates between formal legality and the social legitimacy derived from indigenous communities. The findings reveal that while customary law is socially and culturally legitimate within indigenous societies, it often occupies a marginalised position within the state legal framework. Customary courts play a crucial role in mediating disputes and preserving indigenous identity, yet face constraints due to their limited legal empowerment. The study also highlights the need for comprehensive legal reforms and policies that enhance customary law’s status, promote cooperation between customary and state legal systems, and respect cultural diversity. Comparative insights from other pluralistic jurisdictions further underscore the potential for harmonising customary and national law to achieve justice and social cohesion in Indonesia.
A Customary Law (Adat Recht) Study on the Impact of Defense Policy on the Management of Right to Build (HGB) in the Property Sector Muharman, Dedy
Journal of Adat Recht Vol. 2 No. 1 (2025): MAY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/r2axr825

Abstract

This study aims to normatively examine the impact of national defense policies on the existence and legal certainty of Building Use Rights (HGB) within the property sector, with a specific focus on areas overlapping with customary land. The establishment of strategic national zones by the government as part of defense planning frequently results in overlapping claims, legal ambiguity, and conflicts. These policies, while essential for national security, often disregard the socio-legal context of land ownership, particularly in regions inhabited or claimed by indigenous communities whose land tenure systems are rooted in customary law (adat). Through a statute approach, the research identifies significant disharmony among defense regulations, agrarian law, and laws recognizing indigenous peoples' rights. This legal fragmentation has resulted in inadequate protection for HGB holders and customary landowners, leading to heightened vulnerability, social tensions, and the systemic marginalization of local populations. Furthermore, the lack of inclusive consultation processes in defense-driven land designations exacerbates the problem. Thus, there is an urgent need for an integrated legal framework that harmonizes national defense objectives with land rights recognition and equitable development. Such reform should balance strategic interests, uphold the rule of law, and respect the rights of indigenous peoples to ensure sustainable and socially just land governance.
The Role of Customary Law in the National Legal Structure of the Archipelago Tasya, Amalia
Journal of Adat Recht Vol. 2 No. 1 (2025): MAY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xy4tam51

Abstract

Customary law plays an important role in the national legal structure in the archipelago, which is known for its diversity of tribes, cultures, and traditions. This article examines how customary law functions and interacts with the positive legal system in Indonesia and its contribution to the formation and implementation of national law. The main focus of this study is the analysis of the recognition, protection, and integration of customary law within the state legal framework, as well as the challenges and opportunities that arise in the harmonization process. Using a case study approach and comparative analysis, this article explores various models of interaction between customary law and positive law in various regions in the archipelago. This study also discusses the role of customary institutions in enforcing customary law and the contribution of customary law to preserving local cultural identity. The results of the study show that although the integration of customary law with national law faces various challenges, customary law still makes a significant contribution to maintaining social justice and protecting the rights of indigenous peoples. This article aims to provide insight into the importance of recognizing and respecting customary law in the national legal system and to encourage discussion on how the integration of customary law can improve the quality and justice of law in the archipelago
Challenges and Solutions in Implementing the Anti-Terrorism Law in Indonesia Noviya, Anis
Journal of Adat Recht Vol. 2 No. 1 (2025): MAY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4m1wct64

Abstract

Counterterrorism is a top priority for Indonesia's national security, as regulated in Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. Although this law provides a comprehensive legal framework for dealing with terrorism, its implementation in the field faces significant challenges. This study aims to explore the main challenges in the implementation of the Anti-Terrorism Law and identify potential solutions to address these problems. The method used in this study is a qualitative approach, with data collection techniques through in-depth interviews with legal practitioners, analysis of legal and policy documents, and case studies of several terrorism incidents in Indonesia. The results of the study indicate that the main challenges include lack of coordination between institutions, limited resources and training, and issues related to human rights. This study also found that potential solutions include increasing cooperation between institutions, providing better training, and strengthening oversight mechanisms to ensure that law enforcement does not violate basic rights. These findings are expected to provide valuable insights for policymakers and legal practitioners in improving the effectiveness of the implementation of the anti-terrorism law in Indonesia.
Public Acceptance of New Criminal Law Policies in Cases of Violence Azmi, Sefiani Dwi
Journal of Adat Recht Vol. 2 No. 1 (2025): MAY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/v2e04111

Abstract

This study aims to explore public acceptance of the new criminal law policy implemented in handling cases of violence in Indonesia. Using a qualitative approach, this study used in-depth interviews and focus group discussions to collect data from various levels of society, including victims of violence, perpetrators, law enforcers, and members of the general public. The results show that although there is positive acceptance of increased sanctions and legal reforms aimed at protecting victims, there are concerns about the implementation and consistency of law enforcement. Many respondents expressed the need for better education and social support to ensure that the policy is effective in practice. These findings provide important insights into how the new policy is received in the field and what obstacles are faced in the implementation process. This study is expected to be a reference for policy makers and legal practitioners in formulating more effective strategies in handling cases of violence in the future.
The Effectiveness of Restorative Legal Approach in Handling Organized Crime in Indonesia Arianty, Fitri
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/mz2n5445

Abstract

The restorative legal approach is an alternative method in handling crime that focuses on restoring relationships between perpetrators, victims, and the community, and prioritizes rehabilitation rather than punitive punishment. In Indonesia, where organized crime often involves complex networks and broad social impacts, this approach offers the potential to overcome challenges that exist in the conventional criminal justice system. This study aims to evaluate the effectiveness of the restorative legal approach in the context of handling organized crime in Indonesia. The research method used is qualitative, with data collection techniques through in-depth interviews with legal practitioners, law enforcement officials, and representatives of rehabilitation institutions, as well as document analysis and case studies related to the implementation of the restorative approach. The results of the study indicate that although the restorative legal approach can provide a more humanistic and constructive solution in some cases, significant challenges include resistance to change from the existing legal system, the need for training and a deeper understanding of this approach, and effective integration between restorative law and the existing criminal law system. This study suggests that in order to increase the effectiveness of this approach, there is a need for systemic reform, increased training, and the development of policies that support the implementation of restorative law in handling organized crime.

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