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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 53 Documents
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Customary Law and the Challenges of Modern Investment: Strategies for Maintaining a Balance between Traditional Values and Economic Growth Pramidazzura Alifa Rifqi
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/s8etbs76

Abstract

This article examines the challenges posed by modern investment to customary law and proposes legal strategies to maintain a balance between traditional values and economic growth. While investment is promoted as a key driver of development, its implementation in customary territories often generates normative conflicts arising from divergent conceptions of land, consent, and economic relations. This study identifies three central legal issues: normative ambiguity regarding the position of customary law in investment governance, a legal vacuum in the binding recognition of customary consent, and conflicts of norms between market-oriented investment regimes and communal legal systems. Employing a normative juridical method with statute, conceptual, and case approaches, the article analyzes constitutional recognition of indigenous rights, investment-related legal frameworks, and comparative doctrinal perspectives. The analysis demonstrates that customary law should not be treated as an obstacle to investment, but as a normative constraint and enabler that can enhance social legitimacy, reduce conflict, and support sustainable economic growth. The article argues that investment governance which marginalizes customary norms ultimately undermines legal certainty and long-term economic stability. It proposes prescriptive legal strategies, including strengthening the legal status of customary consent, integrating customary norms into impact assessments, institutional coordination with customary authorities, and pluralistic judicial interpretation. Integrating customary law into investment regulation is essential to reconcile economic development with social justice and legal coherence.
The Contribution of Customary Law to Sustainable Development: Social and Environmental Perspectives Pramidazzura Alifa Rifqi
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/sx38qz74

Abstract

This article analyzes the contribution of customary law to sustainable development from social and environmental perspectives within Indonesia’s plural legal system. Although sustainable development is formally embedded in national legal and policy frameworks, its implementation remains predominantly state-centric and technocratic, often marginalizing customary legal systems that have long regulated land use, natural resource management, and social relations. This study identifies three central legal issues: normative ambiguity in positioning customary law within sustainable development governance, a legal vacuum regarding the formal role of customary institutions in environmental regulation, and conflicts of norms between customary law and sectoral development-oriented legislation. Employing a normative juridical method with statute, conceptual, and case approaches, this article examines constitutional provisions, environmental and natural resource laws, and legal doctrines on sustainable development and legal pluralism. The analysis demonstrates that customary law embodies normative principles aligned with sustainability, including ecological balance, communal responsibility, and intergenerational justice. However, these principles remain underutilized due to the absence of explicit legal integration mechanisms. This article argues that the marginalization of customary law weakens both social and environmental dimensions of sustainable development. It proposes a prescriptive framework for integrating customary law into sustainable development governance through statutory clarification, administrative incorporation, and pluralistic judicial interpretation, aimed at enhancing legal certainty, social justice, and environmental protection.
Customary Law and Agrarian Conflict:Analysis of Land Dispute Resolution Based on Local Wisdom Basri Basri
Journal of Adat Recht Vol. 3 No. 1 (2026): MAY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ysszap77

Abstract

Agrarian conflict is a recurring structural problem in Indonesia, particularly in areas inhabited by indigenous communities. The tension between state law and customary law is often the primary source of protracted land disputes. This study analyzes how land dispute resolution mechanisms based on local wisdom, derived from customary law, can function effectively as an alternative or complement to the formal justice system. Using normative legal research methods supported by sociological and historical approaches, this study examines various customary law instruments, jurisprudence, and field studies on land dispute resolution practices in indigenous communities across Indonesia. The results indicate that customary deliberation mechanisms, customary elder institutions, and communal consensus values ​​embodied in local wisdom are highly effective in achieving just and sustainable dispute resolution. However, the weak legal recognition of customary institutions and decisions is a major obstacle to their implementation. This study recommends strengthening the national legal framework that integrates customary mechanisms into the agrarian dispute resolution system, accompanied by empowerment of local customary institutions.  
Protection of Indigenous Peoples' Rights: A Legal Review of Local Wisdom-Based Natural Resource Management Henny Saida Flora; Deassy J.A. Hehanussa; Fathullah Fathullah
Journal of Adat Recht Vol. 3 No. 1 (2026): MAY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ssfx3e42

Abstract

This article examines the protection of indigenous peoples' rights in local wisdom-based natural resource management in Indonesia from the perspective of national and international law. This research is normative in nature, using legislative, conceptual, and historical approaches. The results show that although the national legal framework has recognized customary rights and local wisdom of indigenous peoples, its implementation still faces significant structural, institutional, and normative obstacles. Overlapping regulations between forestry, mining, plantation, and agrarian laws often harm the rights of indigenous peoples. On the other hand, international legal instruments such as ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) provide minimum standards of protection that have not been fully adopted by the Indonesian legal system. This article concludes that there is a need for regulatory harmonization, the establishment of specific laws for indigenous peoples, and the strengthening of indigenous institutions in natural resource management to realize ecological justice and sustainable environmental governance rooted in local wisdom values.      
Recognition and Protection of Indigenous Peoples in Public Policy: Analysis of the Implementation of National Regulations Ari Purwadi
Journal of Adat Recht Vol. 3 No. 1 (2026): MAY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ys4n4p72

Abstract

Indigenous peoples are social groups with a long history, distinctive culture, and deep ties to their ancestral territories. In Indonesia, the recognition and protection of indigenous peoples has been normatively guaranteed through various legal instruments, ranging from the 1945 Constitution of the Republic of Indonesia to a number of sectoral laws and regulations. However, the implementation of these regulations in public policy practice still faces various structural, institutional, and cultural challenges. This article aims to analyze in depth the extent to which national regulations have provided real protection for indigenous peoples and to identify the obstacles that cause gaps between legal norms and realities on the ground. This research uses a normative juridical method with a legislative and conceptual approach, supplemented by empirical studies in the form of literature studies of various court decisions, reports from national and international institutions, and previous research. The results show that although the formal legal framework is quite comprehensive, its implementation is still hampered by unmanaged legal pluralism, weak synchronization between state institutions, minimal participation of indigenous peoples in the legislative process, and the hegemony of economic growth-based development that often sacrifices indigenous rights. This article concludes the need for comprehensive policy reform, including the creation of specific laws for indigenous peoples, strengthening of mentoring institutions, and the active involvement of indigenous peoples in every stage of public policy.             
Overlapping Investment Permits and Customary Territories: A Legal Analysis of Agrarian Conflict Anis Noviya
Journal of Adat Recht Vol. 3 No. 1 (2026): MAY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/x1fqzs10

Abstract

Agrarian conflicts stemming from overlapping investment permits in customary areas indicate a fundamental problem within the Indonesian legal system, particularly regarding the disharmony between the recognition of customary rights and sectoral licensing policies. This study aims to analyze the conflicting norms between the recognition of customary communities and the granting of investment permits, and to formulate an ideal legal framework for resolving this conflict. The research method used is normative legal research with a statutory and conceptual approach, analyzed qualitatively through primary and secondary legal materials. The results show that the provisions regarding customary rights in the constitution and agrarian regulations are still conditional and open to interpretation, while sectoral regulations tend to facilitate licensing without thorough verification of customary land status. This creates vertical and horizontal normative conflicts that have implications for increasing agrarian conflict. Furthermore, government administrative practices prioritize the formal legality of permits over the substantive recognition of customary rights, thus creating legal uncertainty and distributive injustice. Therefore, regulatory harmonization, strengthening the recognition of customary rights, and reformulating the licensing system based on agrarian justice are needed. A progressive legal approach is also important to ensure that the law functions as a means of achieving substantive justice in resolving agrarian conflicts.
Customary Crimes and the Principle of Legality in the National Criminal Code Anis Noviya
Journal of Adat Recht Vol. 3 No. 1 (2026): MAY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/qdsgxp81

Abstract

In the development of Indonesian criminal law, the recognition of living law through Law Number 1 of 2023 concerning the Criminal Code presents a new dynamic, particularly regarding the position of customary offenses in the national criminal law system. This condition has given rise to debate regarding the suitability of the recognition of unwritten customary norms with the basic principle of legality, which requires the formulation of crimes clearly and in writing. This study aims to analyze the construction of the legality principle in the national criminal law system and examine the position of customary offenses as living law in society from the perspective of the legality principle of the National Criminal Code. The research method used is normative legal research with a statutory approach, a conceptual approach, and a historical approach. The legal materials used include legislation, criminal law doctrine, and literature relevant to the concept of living law and the principle of legality. The results of the study indicate that the recognition of customary offenses in the National Criminal Code reflects an effort to integrate state law and customary law within the framework of Indonesian legal pluralism. This recognition is intended to accommodate social values ​​​​that exist in society and strengthen substantive justice. However, regulations regarding living law still leave unclear norms, particularly regarding the criteria for the applicability of customary norms that can be used as a basis for criminal penalties. This situation has the potential to create legal uncertainty and open up room for differing interpretations in law enforcement practices. Therefore, conceptual reconstruction and the formulation of clear parameters are needed to ensure that the recognition of customary crimes remains in line with the basic principles of legality, particularly the principles of lex scripta and lex certa, thereby ensuring legal certainty and the protection of human rights within the national criminal law system.
Protection of Indigenous Peoples' Rights: A Legal Review of Local Wisdom-Based Natural Resource Management Henny Saida Flora; Deassy J.A. Hehanussa; Fathullah Fathullah
Journal of Adat Recht Vol. 3 No. 2 (2026): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ye85ax56

Abstract

This article examines the protection of indigenous peoples' rights in local wisdom-based natural resource management in Indonesia from the perspective of national and international law. This research is normative in nature, using legislative, conceptual, and historical approaches. The results show that although the national legal framework has recognized customary rights and local wisdom of indigenous peoples, its implementation still faces significant structural, institutional, and normative obstacles. Overlapping regulations between forestry, mining, plantation, and agrarian laws often harm the rights of indigenous peoples. On the other hand, international legal instruments such as ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) provide minimum standards of protection that have not been fully adopted by the Indonesian legal system. This article concludes that there is a need for regulatory harmonization, the establishment of specific laws for indigenous peoples, and the strengthening of indigenous institutions in natural resource management to realize ecological justice and sustainable environmental governance rooted in local wisdom values.      
Protection of Indigenous Traditional Knowledge in The Digital Economy Era: a Review of Customary Law and Intellectual Property Rights Ari Purwadi
Journal of Adat Recht Vol. 3 No. 2 (2026): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/cyzt8107

Abstract

The traditional knowledge held by indigenous communities in Indonesia faces new threats with the development of the digital economy, ranging from data mining by generative artificial intelligence to the tokenization of non-fungible tokens (NFTs) without consent or benefit sharing for the originating communities. This study aims to analyze the conception of traditional knowledge from the perspective of customary law and the national intellectual property legal framework, and to formulate a protection model that is responsive to the challenges of the digital era. The study uses a normative juridical method with a legislative, conceptual, and comparative approach. The results show that customary law views traditional knowledge as communal ownership that is magical-religious and cross-generational, a character that has not been comprehensively accommodated in the Copyright Law, the Patent Law, or the Trademark and Geographical Indications Law. The digital economy presents specific challenges in the form of artificial intelligence data mining, NFT tokenization, cross-border commercialization, and the paradox of defensive documentation. This study recommends a five-element protection model, namely the acceleration of sui generis regulations, a digital database with layered access, the application of the principle of prior informed consent and benefit sharing, transparent artificial intelligence governance, and strengthening the institutional capacity of indigenous peoples, which need to be implemented in an integrated manner and harmonized with developments in international law, especially the WIPO Treaty on Intellectual Property, Genetic Resources and Related Traditional Knowledge in 2024.
Protection Of The Rights Of Customary Communities Towards The Use Of Natural Resources From A National Legal Perspective Anis Noviya
Journal of Adat Recht Vol. 3 No. 2 (2026): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/t8ja0w57

Abstract

Customary law communities are social entities that have existed long before the formation of the Indonesian state and have functional and cosmological relationships with natural resources in their customary territories. Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia recognizes and respects the existence of customary law communities and their traditional rights as long as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. However, this constitutional recognition has not been fully implemented consistently in various sectoral laws and regulations governing the use of natural resources, resulting in overlapping regulations and legal uncertainty. This study aims to examine the form of recognition and legal protection of the rights of customary law communities to natural resources from a national legal perspective, as well as to analyze the challenges and effectiveness of such protection amidst the strong flow of investment and development. This study uses a normative juridical method with a legislative approach, a conceptual approach, and a case approach. The research results show that although the national legal framework, including Constitutional Court Decision Number 35/PUU-X/2012, has provided a strong foundation for the recognition of indigenous peoples' rights to customary forests and other natural resources, its implementation in the field still faces structural, procedural, and political obstacles, including the slow ratification of the Draft Law on Indigenous Peoples and the weak application of the principle of free, prior, and informed consent in the business licensing process in customary areas. This research recommends accelerating the formation of special laws on indigenous peoples, strengthening institutions at the regional level, and internalizing the principle of free consent into all licensing processes for the use of natural resources

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