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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. 4 (2025): NOVEMBER-JOAR" : 5 Documents clear
Customary Court Authority in Resolving Minor Violations: A National Legal Perspective Shohib Muslim
Journal of Adat Recht Vol. 2 No. 4 (2025): NOVEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/twwm4p94

Abstract

This study analyzes the authority of customary courts in resolving minor violations within Indonesia’s national criminal law framework using a normative juridical approach. Findings show that customary courts apply restorative justice through reconciliation, apology rituals, and compensation based on community deliberation, resulting in higher conflict resolution effectiveness and reduced recidivism. However, the national legal system places customary authority in a subordinate position because customary settlements are considered valid only when aligned with state law and approved by law enforcement actors. This creates structural asymmetry where customary mechanisms are culturally successful but legally constrained. The study concludes that harmonization is necessary by granting customary courts primary jurisdiction over minor violations while ensuring procedural safeguards and supervisory oversight from state courts. Such integration would reduce courtroom congestion, strengthen access to justice, and preserve cultural identity within national criminal law development.   
Balinese Customary Law and Tri Hita Karana: A Philosophical Foundation for Sustainable Law in Indonesia Muthia Sakti
Journal of Adat Recht Vol. 2 No. 4 (2025): NOVEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zy4xqe93

Abstract

  This article examines the philosophical significance of Balinese customary law and the Tri Hita Karana principle as a normative foundation for the development of sustainability-oriented law in Indonesia. Using a normative juridical method with statutory and conceptual approaches, the research analyzes legal doctrines, regulatory frameworks, and scholarly discourse to evaluate how Tri Hita Karana contributes to legal philosophy and legal policy. The findings show that Balinese customary law institutionalizes sustainability through spiritual, social, and ecological harmony, demonstrated in resource governance, dispute resolution, family law, economic institutions, and tourism regulation. The study identifies the potential of Tri Hita Karana to shape a national sustainability legal framework through cultural-philosophical integration, strengthening community-based legal institutions, and harmonizing legislation with ethical responsibility to nature and culture. The article concludes that Tri Hita Karana offers a culturally grounded philosophical paradigm capable of enriching national legal development for environmental, social, and cultural sustainability
Western Legal Hegemony over Customary Law: A Critical Legal Studies (CLS) Perspective Rachmadi Usman
Journal of Adat Recht Vol. 2 No. 4 (2025): NOVEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6d7b8w69

Abstract

This study examines Western legal hegemony over customary law in Indonesia from the perspective of Critical Legal Studies. Using a normative juridical method, the research analyzes how epistemic, institutional, and ideological mechanisms shape legal hierarchies that elevate Western state law while subordinating customary law. The findings reveal that Western legal epistemology dominates the definition of law, limiting legal legitimacy to written and codified norms and marginalizing living customary systems. Institutional frameworks reinforce this hierarchy through the monopoly of state courts, codification requirements, and statutory land governance that undermine indigenous jurisdiction. Ideological hegemony further constructs Western law as modern and neutral while framing customary law as inferior, leading to internalized cultural displacement. The study concludes that customary law can gain equal legal authority only through structural and epistemic reform that acknowledges indigenous legal philosophies as autonomous sources of justice
The Existence of Customary Law as a Living Law within Indonesia’s Legal System: A Legal Pluralism Analysis Theresia N.A Narwadan
Journal of Adat Recht Vol. 2 No. 4 (2025): NOVEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/2rw71057

Abstract

This study analyzes the existence of customary law as a living law within Indonesia’s legal system through the paradigm of legal pluralism. Although Indonesia adopts a codified national legal system, customary law continues to function as a normative authority that regulates community behavior and dispute resolution. Using a normative juridical method supported by doctrinal analysis, this research reveals that the interaction between statutory law and customary law is characterized by philosophical and functional differences that frequently produce normative conflicts, particularly in land regulation, community sanctions and criminal justice. The findings indicate that effective harmonization requires a clear doctrinal placement of customary law within the national hierarchy, in which customary law governs culturally embedded communal affairs while statutory law prevails in constitutional and criminal matters. This structured pluralism model ensures legal certainty while preserving cultural identity. The study concludes that balanced normative coexistence is necessary to strengthen both legal legitimacy and cultural justice in Indonesia
Marind Customary Law Practices in Natural Resource Management in Southern Papua ADV. Neri Aslina
Journal of Adat Recht Vol. 2 No. 4 (2025): NOVEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0e97sk39

Abstract

This research examines Marind customary law as a normative foundation for sustainable natural resource governance in Southern Papua and evaluates its potential to contribute structurally to Indonesia’s national legal development. Using a normative legal research method, the study analyzes the philosophical, institutional, and jurisdictional principles embedded in Marind eco jurisprudence and assesses their compatibility with statutory environmental law. Results show that Marind norms regulate resource extraction through relational accountability, collective custodianship, and adaptive seasonal management, which have proven effective in biodiversity protection. However, their legal authority remains subordinated to state licensing regimes, resulting in ecological and cultural vulnerability when confronted with external investment interests. The study concludes that integrating Marind jurisprudence through enforceable delegated jurisdiction and the incorporation of customary principles into statutory legislation would strengthen Indonesia’s sustainability law paradigm and advance legal pluralism

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