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Angga A.G
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INDONESIA
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 42 Documents
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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.
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.
Democracy in Timor-Leste and the power of the vote Hercus Pereira dos Santos
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 Yohanes Kamakalula; Yunita Palinggi; Obadja Andris Fenetiruma
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 Ach. Dlofirul Anam
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.      

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