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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. 2 No. 1 (2025): MAY-JOAR" : 5 Documents clear
The Status of Adat Law in Traditional Courts: Between Validity and Legitimacy in the Eyes of National Law Olyvia Rosalia; Dwi Nurahman
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 Dedy Muharman
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 Amalia Tasya
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 Anis Noviya
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 Sefiani Dwi Azmi
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.

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