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Journal of Adat Recht
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30481074     DOI : https://doi.org/10.62872/w9h4v013
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Adat Recht is a journal with the theme of Legal Science, with benefits and objectives for the development of Legal Science, by prioritising the originality, specificity and recency of articles in each issue. The purpose of the publication of this Journal is to provide space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, and practitioners that have never been published in other media. This journal focuses on discussing customary law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 6 (2025): MARCH-JOAR" : 5 Documents clear
Harmony Between Building Use Rights (HGB) Regulations and Defense Policies: A Customary Law Perspective in Natural Resource Management Dedy Muharman
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.
Critical Analysis of Customary Law and Community Welfare Judy Marria Saimima; Hadibah Zachra Wadjo; Harly Clifford Jonas Salmon
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 Olyvia Rosalia; 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 Loso Judijanto
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 Loso Judijanto
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.

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