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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 42 Documents
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Cultural and Heritage Protection in Customary Law: A Sustainability Perspective in the Global Era Rangga Pratama Saputra
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/zf4khx89

Abstract

Globalization has had a significant impact on the sustainability of local culture and traditional heritage in Indonesia. The currents of cultural homogenization and the commodification of traditions often threaten values ​​​​preserved through customary law. This study aims to analyze the mechanisms for protecting culture and heritage through customary law within a sustainability framework, and to formulate a model for integrating customary law with formal law. The study uses a qualitative approach with literature study methods and normative-empirical analysis. Data were obtained from national and international regulations, scientific journal articles, and empirical case studies such as the practice of subak in Bali and sasi in Maluku. The results show that customary law contains effective internal mechanisms for preserving culture and the environment through collective regulation, rituals, and social sanctions. However, its effectiveness is often hampered by conflicting norms, limited legitimacy in the formal legal system, and globalization pressures that encourage cultural commodification. The discussion emphasizes the importance of an adaptive integration model, including hybridization of regional regulations, co-management mechanisms, dual legal forums, cultural impact assessments, and strengthening the capacity of customary institutions. In conclusion, customary law remains relevant as an instrument for protecting culture and heritage in the global era, but it requires formal legal support to function optimally. Adaptive integration between custom and the state is key to maintaining cultural sustainability while strengthening local identity.
Revitalization of Customary Law as an Instrument for Resolving Social Conflict in Multicultural Societies Laros Tuhuteru
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/hc4rmn52

Abstract

Customary law has long been an integral part of social conflict resolution in Indonesia, particularly in communities that still maintain local wisdom. This study aims to explore the role of customary law in social conflict resolution in multicultural societies and propose a model for revitalizing customary law that can be integrated with the state legal system. The method used is a qualitative approach with a case study design, involving in-depth interviews, document analysis, and field observations in several regions in Indonesia, including Sumatra, Kalimantan, Papua, and Bali. The results show that customary law remains relevant and effective in resolving social disputes through consensus-based mediation mechanisms. However, there are challenges in integrating traditional values ​​with modern legal norms, particularly those related to human rights and gender equality. This discussion proposes a hybrid model that combines customary law with state law, as well as formal recognition of customary mediation outcomes to increase its legitimacy and effectiveness. In conclusion, revitalizing customary law aligned with state legal principles can strengthen legal pluralism in Indonesia and improve inclusive social conflict resolution.
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
The Existence of Customary Law in the Protection of Customary Land Rights of Indigenous Peoples in Indonesia Loso Judijanto; Angga Aldilla Gussman
Journal of Adat Recht Vol. 2 No. 5 (2026): JANUARY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zh4ys597

Abstract

Customary law is a legal system that lives and develops in Indonesian society and has an important role in the regulation and protection of customary land rights of indigenous peoples. The recognition of the existence of customary law communities and their traditional rights has been constitutionally affirmed through Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. However, this recognition has not been fully implemented effectively in the national legal system, especially in the field of land. This study aims to analyze the existence of customary law in the protection of customary land rights of indigenous peoples and assess the consistency of its regulation in laws and regulations, especially Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. The research method used is normative juridical with a legislative approach and a conceptual approach. The results of the study show that the recognition of customary rights in the UUPA is still conditional and tends to be subordinate to the concept of the right to control by the state. This condition creates legal uncertainty and weakens the protection of indigenous peoples' rights over their territory. In addition, the lack of harmonization of various sectoral regulations further increases the potential for agrarian conflicts. Therefore, it is necessary to strengthen regulations and harmonize laws that place customary law as an integral part of the national legal system in order to realize the protection of customary land rights that are just.                 
A Model for Utilizing Common Land for Investment Through HPL that Strengthens the Position of Indigenous Communities Lenny Husna; Muskibah Muskibah; Dwi Suryhartati
Journal of Adat Recht Vol. 2 No. 5 (2026): JANUARY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5cwcc268

Abstract

This research stems from significant changes in national agrarian policy through Government Regulation 18/2021 and Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) 14/2024, which for the first time opened the possibility of establishing customary land as a source of Land Management Rights (HPL) and recognizing indigenous communities as their holders. However, this recognition remains administrative in nature and is not accompanied by a substantive framework that ensures the protection of rights, full participation, and fairness for indigenous communities in investment practices. The research method used is normative legal research with legislative, conceptual, and comparative approaches, enriched by empirical findings from HPL management practices in various indigenous territories. This approach allows for an in-depth analysis of regulatory disharmony, administrative practices, and socio-legal dynamics that influence the position of indigenous communities in the HPL scheme. The results show that although the national legal system has formally recognized customary land, significant normative and institutional gaps remain. The implementation of HPL in the field often weakens the bargaining position of indigenous communities due to limited legal access, the absence of substantive participation mechanisms, and the dominance of state and investor interests in the decision-making process. In addition, regulations regarding timeframes, cooperation mechanisms, and ecological protection still do not provide adequate legal certainty.
Utilization of Customary Law for Resolution of Land and Natural Resource Disputes: A Restorative Approach Samsidar Samsidar
Journal of Adat Recht Vol. 2 No. 5 (2026): JANUARY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/bww5g572

Abstract

This article examines the utilization of customary law in resolving land and natural resource disputes through a restorative justice approach within Indonesia’s plural legal system. Although customary institutions remain actively used by indigenous communities to resolve disputes based on consensus and social harmony, their normative status within the formal legal system remains uncertain. This study identifies three core legal issues: normative ambiguity concerning the legal force of customary dispute resolution, a legal vacuum in the formal recognition of restorative mechanisms outside judicial processes, and conflicts of norms between customary law and positive state law governing land and natural resources.Using a normative juridical method with statute, conceptual, and case approaches, this article analyzes constitutional provisions, land and natural resource regulations, and legal doctrines on restorative justice and legal pluralism. The analysis demonstrates that customary dispute resolution inherently reflects restorative justice principles, including harm repair, communal participation, and restoration of social relations. However, these mechanisms lack formal legal recognition as binding and enforceable outcomes. Judicial and administrative practices tend to prioritize procedural legality and formal documentation, thereby marginalizing customary restorative settlements and perpetuating legal uncertainty for indigenous communities. This article argues that the persistence of land and natural resource disputes reflects structural deficiencies in Indonesia’s legal framework rather than isolated implementation failures. It proposes a prescriptive framework for institutionalizing customary restorative mechanisms through statutory recognition, administrative integration, and pluralistic judicial interpretation to ensure legal certainty, substantive justice, and constitutional compliance

Page 4 of 5 | Total Record : 42

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