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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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Challenges in the Implementation of Criminal Law for Sexual Crime Cases in Indonesia Noviya, Anis
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: 10.62872/5gwqwh28

Abstract

Sexual crimes are one of the most serious crimes and deeply affect the victims. In Indonesia, although there are various laws regulating the handling of sexual crimes, the implementation of criminal law in these cases faces various challenges. This study aims to explore and analyze the main challenges in the application of criminal law to cases of sexual crimes in Indonesia, using a qualitative approach. This research method includes in-depth interviews with legal practitioners, including police officers, prosecutors, judges, and non-governmental organizations that focus on sexual crime issues. In addition, this study also conducted an analysis of relevant case studies and legal documents. The data collected were analyzed using thematic analysis techniques to identify and categorize the main challenges faced in the implementation of criminal law. The results of the study indicate that the main challenges in the implementation of criminal law for cases of sexual crimes. This study concludes that in order to improve the effectiveness of the implementation of criminal law in cases of sexual crimes, reforms are needed that include increased coordination between institutions, special training for law enforcers, and changes in social perceptions of victims of sexual crimes. These recommendations are expected to help create a more responsive and fair criminal justice system for victims of sexual crimes in Indonesia
Revitalization of Customary Law as a Source of Law in Environmental Protection in Indonesia Kamakaula, Yohanes; Sagrim, Meky
Journal of Adat Recht Vol. 2 No. 2 (2025): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/00ver282

Abstract

This study aims to examine the position and role of customary law as a legal source in environmental protection efforts in Indonesia. Employing a normative juridical approach, the research analyzes statutory regulations, court decisions, and relevant legal documents to assess the extent to which customary law is recognized and implemented within the national environmental legal framework. The findings indicate that, constitutionally, customary law is acknowledged through Article 18B paragraph (2) of the 1945 Constitution. However, this recognition has not been fully followed by integration into sectoral laws such as the Environmental Protection Act, the Forestry Act, and the Mining Law. In fact, customary law holds significant potential in realizing ecological justice, as it embodies long-standing values of conservation, sustainability, and collective responsibility toward nature. Therefore, the revitalization of customary law is crucial through regulatory strengthening, the establishment of regional regulations recognizing Indigenous communities, and the harmonization of state and customary law. These efforts are expected to enhance environmental protection based on local wisdom.
Democracy in Timor-Leste and the power of the vote Pereira dos Santos, Hercus
Journal of Adat Recht Vol. 2 No. 3 (2025): SEPTEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7xmd2f04

Abstract

Democracy comes from the Greek word’s demos and kratos. Demos means people and kratos means power. Therefore, democracy means power is in the hands of the people. Power comes from the people and the people as the holder of power. Even though the word democracy is a foreign word in Timor-Leste that originates from Latin, but in practice, the Timorese have practiced democracy for most of their lives since the times of the ancestors. Since the rule of the clan, the village, the suco and even the kingdom usually happened with the consent of its people. The people delegated power to the data; the nobles; and then these data were to choose a village chief, a suco chief, and even a liurai (king, ruler) of a kingdom. Even family and community matters, decisions were made through a consensus, a dialogue called nahe biti boot. This reality shows that the Timorese have practiced democracy since ancient times where power is not only in the hands of one person but in the hands of a set of important people in that system itself known as an aristocratic republic. Democracy today also happens in the same way. The people delegate their power to the village chiefs, suco chiefs, the members of the national parliament (hence forming the government) and the president of the republic through votes; of the election. This means that the votes of the people are extremely important in determining the life of a so-called democratic state like Timor-Leste. Democracy must coexist in harmony with the state legal system, that is, democracy must be regularized through state legal norms. Nothing is absolutely free in the world because freedom without responsibility can make it debauchery as long as there are no state legal norms to regulate. Today's modern state must be a democratic state of law, the state that recognizes the power of the people, that is, the state that recognizes that the people as the holder of power, and this democratic state must be regulated through state legal norms, and these state legal norms must recognize that state power resides in the people and in the name of the people, because the people as the sole holder of power. This article aims to deal with the power of voting in relation to democracy where we can see that in a democratic state, important decisions are made through votes. The method of this research is a qualitative method of observation and analysis of the documents linked to the theme treated. With this study we are able to see how voting has power in democracy. We have seen that voting is very important to ensure the proper functioning of democracy and we can say that democracy has to do with votes or in a summarized way we can call it a democracy of votes. We can conclude that any democratic state must promote and value the vote through a transparent, free, direct, secret process, that is, the voting process must at least respect the seal of the vote to guarantee the freedom of voters.
Integration of Customary Law and Ethnoecological Concepts in Supporting Sustainable Agricultural Practices Kamakalula, Yohanes; Palinggi, Yunita; Fenetiruma, Obadja Andris
Journal of Adat Recht Vol. 2 No. 3 (2025): SEPTEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/c5985p82

Abstract

This study aims to describe the role of customary law and the concept of ethnoecology in supporting sustainable agricultural practices, while analyzing their integration as a model of agriculture based on local wisdom. The study used a qualitative approach with field study and literature study methods. Primary data were obtained through in-depth interviews, participatory observation, and focus group discussions with customary leaders and farmers, while secondary data were obtained from customary documents and related literature. Data analysis was conducted using the interactive model of Miles & Huberman through data reduction, data presentation, and drawing conclusions through source triangulation. The results show that customary law plays a role as a local regulation in agricultural management, while ethnoecology exists as a technical practice that maintains ecosystem balance. The integration of the two forms a sustainable agricultural system, not only increasing productivity but also maintaining environmental sustainability and strengthening social solidarity. This study confirms that customary law not only has social value but is also an ecological instrument relevant to modern sustainable agriculture.
Customary Law Contract Agreement Conflict In Inherited Land Purchase Transaction Anam, Ach. Dlofirul
Journal of Adat Recht Vol. 2 No. 3 (2025): SEPTEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/j2r7qw77

Abstract

Conflicts in contractual agreements over the sale of inherited land often arise from differing paradigms between customary law, which emphasizes family consensus, and positive law, which prioritizes formal legality. This study aims to analyze the differences between customary and positive law, examine conflict patterns through empirical cases, and assess the implications and urgency of harmonization between the two. Using a normative juridical method with statutory, conceptual, and case approaches, the research is supported by literature review and court decisions. The findings reveal that most conflicts stem from unilateral sales conducted by one heir without the consent of others. From the perspective of customary law, such actions violate the principle of collective ownership, while in positive law the transaction is deemed legally flawed for failing to meet the validity requirements under Article 1320 of the Civil Code. The implications include the annulment of sale and purchase deeds, losses for bona fide buyers, and the breakdown of family solidarity. Therefore, harmonization between customary and positive law is urgently needed, particularly through state recognition of customary decisions, mandatory verification of heirs’ consent by notaries/land deed officials, and stronger synergy with the National Land Agency. This study is expected to contribute to the development of agrarian law that is both fair and responsive to Indonesia’s legal pluralism.      
Cultural and Heritage Protection in Customary Law: A Sustainability Perspective in the Global Era Pratama Saputra, Rangga
Journal of Adat Recht Vol. 2 No. 3 (2025): SEPTEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zf4khx89

Abstract

Globalization has had a significant impact on the sustainability of local culture and traditional heritage in Indonesia. The currents of cultural homogenization and the commodification of traditions often threaten values ​​​​preserved through customary law. This study aims to analyze the mechanisms for protecting culture and heritage through customary law within a sustainability framework, and to formulate a model for integrating customary law with formal law. The study uses a qualitative approach with literature study methods and normative-empirical analysis. Data were obtained from national and international regulations, scientific journal articles, and empirical case studies such as the practice of subak in Bali and sasi in Maluku. The results show that customary law contains effective internal mechanisms for preserving culture and the environment through collective regulation, rituals, and social sanctions. However, its effectiveness is often hampered by conflicting norms, limited legitimacy in the formal legal system, and globalization pressures that encourage cultural commodification. The discussion emphasizes the importance of an adaptive integration model, including hybridization of regional regulations, co-management mechanisms, dual legal forums, cultural impact assessments, and strengthening the capacity of customary institutions. In conclusion, customary law remains relevant as an instrument for protecting culture and heritage in the global era, but it requires formal legal support to function optimally. Adaptive integration between custom and the state is key to maintaining cultural sustainability while strengthening local identity.
Revitalization of Customary Law as an Instrument for Resolving Social Conflict in Multicultural Societies Tuhuteru, Laros
Journal of Adat Recht Vol. 2 No. 3 (2025): SEPTEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/hc4rmn52

Abstract

Customary law has long been an integral part of social conflict resolution in Indonesia, particularly in communities that still maintain local wisdom. This study aims to explore the role of customary law in social conflict resolution in multicultural societies and propose a model for revitalizing customary law that can be integrated with the state legal system. The method used is a qualitative approach with a case study design, involving in-depth interviews, document analysis, and field observations in several regions in Indonesia, including Sumatra, Kalimantan, Papua, and Bali. The results show that customary law remains relevant and effective in resolving social disputes through consensus-based mediation mechanisms. However, there are challenges in integrating traditional values ​​with modern legal norms, particularly those related to human rights and gender equality. This discussion proposes a hybrid model that combines customary law with state law, as well as formal recognition of customary mediation outcomes to increase its legitimacy and effectiveness. In conclusion, revitalizing customary law aligned with state legal principles can strengthen legal pluralism in Indonesia and improve inclusive social conflict resolution.

Page 3 of 3 | Total Record : 27

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