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Angga A.G
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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 6 Documents
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Search results for , issue "Vol. 2 No. 2 (2025): JULY-JOAR" : 6 Documents clear
Revitalization of Customary Law as a Source of Law in Environmental Protection in Indonesia Yohanes Kamakaula; Meky Sagrim
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.
Conflict of Customary Law and Positive Law in Determining The Status of Children: Criminal Implications for Children's Rights and Legal Protection Hadibah Zachra Wadjo; Judy marria saimima; Harly Clifford Jonas Salmon
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/h2pwnk78

Abstract

  This study discusses the normative conflict between customary law and positive law in determining the status of children in Indonesia, with an emphasis on the juridical implications for the protection of children's rights. In the context of legal pluralism recognized by Article 18B paragraph (2) of the 1945 Constitution, customary law often rejects the recognition of children out of wedlock, children of serial marriages, and adopted children who do not conform to local kinship norms. This is contrary to the principles of non-discrimination and the best interests of children as stipulated in Law No. 35 of 2014 concerning Child Protection. The inconsistency of these norms not only has an administrative impact, but also raises the potential for criminal offenses, including child neglect due to not being officially recorded. This study uses a normative juridical approach with qualitative analysis methods on primary and secondary legal materials, including international conventions such as CRC. The results of the analysis show the urgency of legal harmonization through responsive derivative regulations, legal understanding by local actors, and the transformation of customary law values to be in line with the principles of child protection. Law No. 35 of 2014 is positioned as a transformational instrument to bridge the tension between local norms and national laws to ensure that children's rights are guaranteed comprehensively without discrimination
Local Wisdom in Customary Law as an Instrument for Environmental Protection Yohanes Kamakaula
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: 10.62872/80xzgr29

Abstract

Local wisdom in customary law plays a crucial role in maintaining environmental sustainability, particularly in indigenous communities that still uphold traditional values. However, this role has not been fully recognized and integrated into the national environmental legal system. This study aims to analyze how customary law functions as an environmental protection instrument and propose strategies for its integration within the national legal framework. The approach used is descriptive qualitative with a juridical-sociological research method, conducted through case studies in three indigenous communities: the Baduy (Banten), Dayak Kenyah (North Kalimantan), and Subak Bali. Data collection techniques included interviews, observation, and documentation studies, which were then analyzed thematically. The results show that customary legal practices such as Leuweung Kolot, Tane' Olen, and the Subak system have proven effective in maintaining environmental sustainability through customary norms, social sanctions, and spiritual values. However, formal recognition of customary territories remains limited. In conclusion, customary law has great potential as a legitimate and sustainable environmental protection instrument, and therefore needs to be substantively integrated into national environmental policy through a collaborative and community-based approach.
Challenges in Recognizing Indigenous Peoples' Rights in Mining Licensing in Indigenous Areas Ari Purwadi
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/cyg29p16

Abstract

The mining sector is the backbone of the Indonesian economy, contributing significantly to national GDP. However, the expansion of the mining industry also has a direct impact on indigenous communities who have lived and managed their territories for generations but have not yet received formal legal recognition from the state. In practice, mining permits are often issued on customary lands without the participatory involvement of indigenous communities. This is despite the fact that indigenous communities have been recognized in the 1945 Constitution and Constitutional Court Decision No. 35/PUU-X/2012, and they have the normative right to be involved through the principle of Free, Prior, and Informed Consent (FPIC). This study aims to analyze the legal challenges and policy weaknesses in recognizing indigenous peoples' rights in mining permits in Indonesia. The method used is a normative legal approach with an analysis of legislation, case studies of conflicts in several customary territories, as well as a review of academic literature and reports from independent institutions. The results show that the absence of recognition of indigenous territories in national spatial planning, weak FPIC regulations, and overlapping policies between the mining and forestry sectors exacerbate the vulnerability of indigenous communities. This study recommends the legalization of FPIC, the establishment of a national customary recognition institution, and the harmonization of sectoral policies as steps towards ecological justice and sustainable constitutional protection.
Protection of Traditional Culture and Customary Expressions from the Perspective of Customary  Law gia dina
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: 10.62872/9rj86y88

Abstract

This study aims to analyze the protection mechanisms for traditional culture and customary expressions from a customary law perspective and to evaluate the extent to which these systems can be integrated into the national legal framework. The method used is qualitative legal research with a normative juridical and anthropological juridical approach. Data were collected through literature studies, interviews with customary leaders, and analysis of national and international legal documents. The research findings indicate that indigenous communities have a cultural protection system based on collective values, spirituality, and social control. However, the national legal system still does not fully accommodate the collective and intergenerational nature of indigenous cultural expressions, resulting in communities often losing legal control over their cultural heritage. The discussion reveals that existing regulations tend to use an administrative and individualistic approach, which is less in keeping with the character of customary law. In conclusion, a legal pluralism approach is needed to constructively integrate customary law into the national legal system. Strengthening the capacity of customary institutions and formal recognition of the collective rights of indigenous communities are key to maintaining the sustainability of traditional cultures amid the challenges of globalization.
Implications of Civil Law on the Transfer of Land Rights through Deeds Under Hand : An Analysis of the Conformity between the Civil Code and the Principal Agrarian Law Muslim Muslim
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: 10.62872/5s6cpk60

Abstract

The transfer of land rights in Indonesia is an important issue in agrarian law which is colored by normative dualism between the Civil Code (KUHPerdata) and the Basic Agrarian Law (UUPA). The Civil Code recognizes the agreement on the transfer of rights through a deed under hand as long as it fulfills the elements of Article 1320, and considers it valid under civil law and has evidentiary value in accordance with Articles 1874-1880. However, the UUPA as a lex specialis requires that the transfer of land rights is only valid if it is made through an authentic deed by PPAT and registered with the land office. This disharmony creates legal uncertainty, especially in the protection of third parties and certainty of ownership. This study uses a normative juridical method with a historical, systematic, and comparative approach to analyze the applicability of deeds under hand in the Indonesian land law system. The results of the study show that the deed under hand only produces obligatory rights and cannot be the constitutive basis for the transfer of rights. Therefore, harmonization between the Civil Code and the UUPA needs to be carried out in order to realize a coherent, responsive, and guaranteed legal legal system. This reformulation is important to adapt colonial norms to the principles of national law based on justice and certainty.

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