Journal of Adat Recht
type: channel
description: Journal of Adat Recht (JOAR) is a peer-reviewed open access international journal established for the dissemination of cutting-edge knowledge in the field of customary law. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two International Reviewers through a double-blind review process. This is to ensure the quality of manuscripts published in the journal. is published six times each year in January, March, May, July, September, and November. Journal title : Journal of Adat Recht Initials : JOAR Frequency : 6 (Six) times a year, January, March, May, July, September, and November. DOI : 10.62872 ISSN Online : 3048-1074 Editor in Chief : Angga A.G Managing Editor : Fitri Arianti, S.H Assistant Editor : Rosmaria, S.S Publisher : PT. Anagata Sembagi Education Accreditation : Index Copernicus International
publisher: PT. Anagata Sembagi Education
language: en
publication name: Journal of Adat Recht
issn: 3048-1074
items: Revitalization of Customary Law as an Instrument for Resolving Social Conflict in Multicultural Societies
items: Cultural and Heritage Protection in Customary Law: A Sustainability Perspective in the Global Era
items: Customary Law Contract Agreement Conflict In Inherited Land Purchase Transaction
items: Integration of Customary Law and Ethnoecological Concepts in Supporting Sustainable Agricultural Practices
items: Democracy in Timor-Leste and the power of the vote
items: 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
items: Protection of Traditional Culture and Customary Expressions from the Perspective of Customary Law
items: Challenges in Recognizing Indigenous Peoples' Rights in Mining Licensing in Indigenous Areas
items: Local Wisdom in Customary Law as an Instrument for Environmental Protection
items: Conflict of Customary Law and Positive Law in Determining The Status of Children: Criminal Implications for Children's Rights and Legal Protection
items: Revitalization of Customary Law as a Source of Law in Environmental Protection in Indonesia
items: Public Acceptance of New Criminal Law Policies in Cases of Violence
items: Challenges and Solutions in Implementing the Anti-Terrorism Law in Indonesia
items: The Role of Customary Law in the National Legal Structure of the Archipelago
items: Challenges in the Implementation of Criminal Law for Sexual Crime Cases in Indonesia
items: The Effectiveness of Restorative Legal Approach in Handling Organized Crime in Indonesia
items: A Customary Law (Adat Recht) Study on the Impact of Defense Policy on the Management of Right to Build (HGB) in the Property Sector
items: The Status of Adat Law in Traditional Courts: Between Validity and Legitimacy in the Eyes of National Law
items: Agrarian Conflict and Customary Land Rights: An Adat Law Perspective on Land Dispute Resolution
items: The Dynamics of Customary Land Dispute Resolution: Between Customary Law and Positive Law
items: The Effect of Customary Law on The Distribution of Heritage to Indigenous Peoples in Indonesia
items: Critical Analysis of Customary Law and Community Welfare
items: Harmony Between Building Use Rights (HGB) Regulations and Defense Policies: A Customary Law Perspective in Natural Resource Management
items: The role of customary law in Environmental Conservation: A Case Study in Dayak Indigenous communities
items: Analysis of Recognition and Protection of Indigenous Peoples Rights in Land Policy in Indonesia
items: The effect of the Application of Restorative Justice System on the settlement of Criminal Cases in Indonesia in the perspective of Customary Law
items: Restorative Justice in Customary Law: Alternative Dispute Resolution in Indigenous Communities
items: Indigenous Peoples and the Constitution: Implementation of Traditional Rights Recognition in Modern Legal Foundations
items: The Position of Customary Law in the Legal System: An ExplorationRole, Challenges, and Integration in the Context of National Legal Development
items: Reviving the Role of Customary Law as a Legal Foundation in the Development of the Indonesian Legal System

Revitalization of Customary Law as an Instrument for Resolving Social Conflict in Multicultural Societies
type: item
description: 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.
subject: Articles
  topic: section
subject: Customary law
  topic: keywords
subject: Social conflict resolution
  topic: keywords
subject: Multicultural society
  topic: keywords
subject: State law
  topic: keywords
subject: Revitalization
  topic: keywords
creator: Laros Tuhuteru
rights: Copyright (c) 2025 Laros Tuhuteru (Author)
date: 2025-09-30
publication date: 2025-09-30
starting page: 40
ending page: 47
doi: 10.62872/hc4rmn52

Cultural and Heritage Protection in Customary Law: A Sustainability Perspective in the Global Era
type: item
description: 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.
subject: Articles
  topic: section
subject: Customary law
  topic: keywords
subject: Cultural heritage
  topic: keywords
subject: Cultural protection
  topic: keywords
subject: Legal pluralism
  topic: keywords
subject: Sustainability
  topic: keywords
creator: Rangga Pratama Saputra
rights: Copyright (c) 2025 Rangga Pratama Saputra (Author)
date: 2025-09-29
publication date: 2025-09-29
starting page: 22
ending page: 30
doi: 10.62872/zf4khx89

Customary Law Contract Agreement Conflict In Inherited Land Purchase Transaction
type: item
description: 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.
subject: Articles
  topic: section
subject: Customary Law
  topic: keywords
subject: Positive Law
  topic: keywords
subject: Inherited Land
  topic: keywords
subject: Sale and Purchase
  topic: keywords
subject: Harmonization
  topic: keywords
creator: Ach. Dlofirul Anam
rights: Copyright (c) 2025 Ach. Dlofirul Anam (Author)
date: 2025-09-29
publication date: 2025-09-29
starting page: 31
ending page: 39
doi: 10.62872/j2r7qw77

Integration of Customary Law and Ethnoecological Concepts in Supporting Sustainable Agricultural Practices
type: item
description: 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.
subject: Articles
  topic: section
subject: customary law
  topic: keywords
subject: ethnoecology
  topic: keywords
subject: sustainable agriculture
  topic: keywords
subject: local wisdom
  topic: keywords
creator: Yohanes Kamakalula
creator: Yunita Palinggi
creator: Obadja Andris Fenetiruma
rights: Copyright (c) 2025 Yohanes Kamakalula, Yunita Palinggi, Obadja Andris Fenetiruma (Author)
date: 2025-09-22
publication date: 2025-09-22
starting page: 13
ending page: 21
doi: 10.62872/c5985p82

Democracy in Timor-Leste and the power of the vote
type: item
description: 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 thes…
subject: Articles
  topic: section
subject: Democracy
  topic: keywords
subject: people
  topic: keywords
subject: power
  topic: keywords
subject: votes
  topic: keywords
subject: rule of law
  topic: keywords
creator: Hercus Pereira dos Santos
rights: Copyright (c) 2025 Hercus Pereira dos Santos (Author)
date: 2025-09-22
publication date: 2025-09-22
starting page: 1
ending page: 12
doi: 10.62872/7xmd2f04

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
type: item
description: 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.
subject: Articles
  topic: section
subject: Deeds Under Hand
  topic: keywords
subject: Civil Law
  topic: keywords
subject: Agrarian Tree Law
  topic: keywords
creator: Muslim Muslim
rights: Copyright (c) 2025 Muslim Muslim (Author)
date: 2025-07-30
publication date: 2025-07-30
starting page: 37
ending page: 46
doi: 10.62872/5s6cpk60

Protection of Traditional Culture and Customary Expressions from the Perspective of Customary Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Law Customs
  topic: keywords
subject: Culture Traditional
  topic: keywords
subject: Expression Customs
  topic: keywords
creator: gia dina
rights: Copyright (c) 2025 gia dina (Author)
date: 2025-07-30
publication date: 2025-07-30
starting page: 47
ending page: 53
doi: 10.62872/9rj86y88

Challenges in Recognizing Indigenous Peoples' Rights in Mining Licensing in Indigenous Areas
type: item
description: 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.
subject: Articles
  topic: section
subject: Indigenous Peoples
  topic: keywords
subject: Territorial Recognition
  topic: keywords
subject: Mining Permits
  topic: keywords
creator: Ari Purwadi
rights: Copyright (c) 2025 Ari Purwadi (Author)
date: 2025-07-29
publication date: 2025-07-29
starting page: 22
ending page: 29
doi: 10.62872/cyg29p16

Local Wisdom in Customary Law as an Instrument for Environmental Protection
type: item
description: 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.
subject: Articles
  topic: section
subject: Customary Law
  topic: keywords
subject: Local Wisdom
  topic: keywords
subject: Indigenous Communities
  topic: keywords
subject: Environment
  topic: keywords
creator: Yohanes Kamakaula
rights: Copyright (c) 2025 Yohanes Kamakaula (Author)
date: 2025-07-29
publication date: 2025-07-29
starting page: 30
ending page: 36
doi: 10.62872/80xzgr29

Conflict of Customary Law and Positive Law in Determining The Status of Children: Criminal Implications for Children's Rights and Legal Protection
type: item
description: 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
subject: Articles
  topic: section
subject: Criminal Implications
  topic: keywords
subject: Children's Rights
  topic: keywords
subject: Legal Dualism
  topic: keywords
creator: Hadibah Zachra Wadjo
creator: Judy marria saimima
creator: Harly Clifford Jonas Salmon
rights: Copyright (c) 2025 Hadibah Zachra Wadjo, Judy marria saimima, Harly Clifford Jonas Salmon (Author)
date: 2025-07-23
publication date: 2025-07-23
starting page: 12
ending page: 21
doi: 10.62872/h2pwnk78

Revitalization of Customary Law as a Source of Law in Environmental Protection in Indonesia
type: item
description: 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.
subject: Articles
  topic: section
subject: Customary law
  topic: keywords
subject: Environmental protection
  topic: keywords
subject: normative juridical
  topic: keywords
subject: ecological justice
  topic: keywords
subject: Indigenous communities
  topic: keywords
creator: Yohanes Kamakaula
creator: Meky Sagrim
rights: Copyright (c) 2025 Yohanes Kamakaula, Meky Sagrim (Author)
date: 2025-07-09
publication date: 2025-07-09
starting page: 1
ending page: 11
doi: 10.62872/00ver282

Public Acceptance of New Criminal Law Policies in Cases of Violence
type: item
description: 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.
subject: Articles
  topic: section
subject: Community Acceptance
  topic: keywords
subject: New Criminal Law Policy
  topic: keywords
subject: Violence Cases
  topic: keywords
subject: Law Enforcement
  topic: keywords
creator: Sefiani Dwi Azmi
rights: Copyright (c) 2025 Sefiani Dwi Azmi (Author)
date: 2025-05-31
publication date: 2025-05-31
starting page: 21
ending page: 26
doi: 10.62872/v2e04111

Challenges and Solutions in Implementing the Anti-Terrorism Law in Indonesia
type: item
description: Counterterrorism is a top priority for Indonesia's national security, as regulated in Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. Although this law provides a comprehensive legal framework for dealing with terrorism, its implementation in the field faces significant challenges. This study aims to explore the main challenges in the implementation of the Anti-Terrorism Law and identify potential solutions to address these problems. The method used in this study is a qualitative approach, with data collection techniques through in-depth interviews with legal practitioners, analysis of legal and policy documents, and case studies of several terrorism incidents in Indonesia. The results of the study indicate that the main challenges include lack of coordination between institutions, limited resources and training, and issues related to human rights. This study also found that potential solutions include increasing cooperation between institutions, providing better training, and strengthening oversight mechanisms to ensure that law enforcement does not violate basic rights. These findings are expected to provide valuable insights for policymakers and legal practitioners in improving the effectiveness of the implementation of the anti-terrorism law in Indonesia.
subject: Articles
  topic: section
subject: Anti-Terrorism Law
  topic: keywords
subject: Implementation Challenges
  topic: keywords
subject: Solutions
  topic: keywords
subject: Institutional Coordination
  topic: keywords
subject: Human Rights
  topic: keywords
creator: Anis Noviya
rights: Copyright (c) 2025 Anis Noviya (Author)
date: 2025-01-30
publication date: 2025-01-30
starting page: 27
ending page: 32
doi: 10.62872/4m1wct64

The Role of Customary Law in the National Legal Structure of the Archipelago
type: item
description: Customary law plays an important role in the national legal structure in the archipelago, which is known for its diversity of tribes, cultures, and traditions. This article examines how customary law functions and interacts with the positive legal system in Indonesia and its contribution to the formation and implementation of national law. The main focus of this study is the analysis of the recognition, protection, and integration of customary law within the state legal framework, as well as the challenges and opportunities that arise in the harmonization process. Using a case study approach and comparative analysis, this article explores various models of interaction between customary law and positive law in various regions in the archipelago. This study also discusses the role of customary institutions in enforcing customary law and the contribution of customary law to preserving local cultural identity. The results of the study show that although the integration of customary law with national law faces various challenges, customary law still makes a significant contribution to maintaining social justice and protecting the rights of indigenous peoples. This article aims to provide insight into the importance of recognizing and respecting customary law in the national legal system and to encourage discussion on how the integration of customary law can improve the quality and justice of law in the archipelago
subject: Articles
  topic: section
subject: Customary Law
  topic: keywords
subject: National Law
  topic: keywords
subject: Legal Structure
  topic: keywords
subject: Legal Integration
  topic: keywords
subject: Cultural Identity
  topic: keywords
creator: Amalia Tasya
rights: Copyright (c) 2025 Amalia Tasya (Author)
date: 2025-05-31
publication date: 2025-05-31
starting page: 33
ending page: 38
doi: 10.62872/xy4tam51

Challenges in the Implementation of Criminal Law for Sexual Crime Cases in Indonesia
type: item
description: Sexual crimes are one of the most serious crimes and deeply affect the victims. In Indonesia, although there are various laws regulating the handling of sexual crimes, the implementation of criminal law in these cases faces various challenges. This study aims to explore and analyze the main challenges in the application of criminal law to cases of sexual crimes in Indonesia, using a qualitative approach. This research method includes in-depth interviews with legal practitioners, including police officers, prosecutors, judges, and non-governmental organizations that focus on sexual crime issues. In addition, this study also conducted an analysis of relevant case studies and legal documents. The data collected were analyzed using thematic analysis techniques to identify and categorize the main challenges faced in the implementation of criminal law. The results of the study indicate that the main challenges in the implementation of criminal law for cases of sexual crimes. This study concludes that in order to improve the effectiveness of the implementation of criminal law in cases of sexual crimes, reforms are needed that include increased coordination between institutions, special training for law enforcers, and changes in social perceptions of victims of sexual crimes. These recommendations are expected to help create a more responsive and fair criminal justice system for victims of sexual crimes in Indonesia
subject: Articles
  topic: section
subject: Criminal Law
  topic: keywords
subject: Sexual Crimes
  topic: keywords
subject: Law Implementation
  topic: keywords
subject: Challenges
  topic: keywords
creator: Anis Noviya
rights: Copyright (c) 2025 Anis Noviya (Author)
date: 2025-06-30
publication date: 2025-06-30
starting page: 35
ending page: 39
doi: 10.62872/5gwqwh28

The Effectiveness of Restorative Legal Approach in Handling Organized Crime in Indonesia
type: item
description: The restorative legal approach is an alternative method in handling crime that focuses on restoring relationships between perpetrators, victims, and the community, and prioritizes rehabilitation rather than punitive punishment. In Indonesia, where organized crime often involves complex networks and broad social impacts, this approach offers the potential to overcome challenges that exist in the conventional criminal justice system. This study aims to evaluate the effectiveness of the restorative legal approach in the context of handling organized crime in Indonesia. The research method used is qualitative, with data collection techniques through in-depth interviews with legal practitioners, law enforcement officials, and representatives of rehabilitation institutions, as well as document analysis and case studies related to the implementation of the restorative approach. The results of the study indicate that although the restorative legal approach can provide a more humanistic and constructive solution in some cases, significant challenges include resistance to change from the existing legal system, the need for training and a deeper understanding of this approach, and effective integration between restorative law and the existing criminal law system. This study suggests that in order to increase the effectiveness of this approach, there is a need for systemic reform, increased training, and the development of policies that support the implementation of restorative law in handling organized crime.
subject: Articles
  topic: section
subject: Restorative Law
  topic: keywords
subject: Organized Crime
  topic: keywords
subject: Effectiveness
  topic: keywords
subject: Rehabilitation
  topic: keywords
subject: Criminal Justice System
  topic: keywords
creator: Fitri Arianty
rights: Copyright (c) 2025 Fitri Arianty (Author)
date: 2025-01-30
publication date: 2025-01-30
starting page: 40
ending page: 44
doi: 10.62872/mz2n5445

A Customary Law (Adat Recht) Study on the Impact of Defense Policy on the Management of Right to Build (HGB) in the Property Sector
type: item
description: This study aims to normatively examine the impact of national defense policies on the existence and legal certainty of Building Use Rights (HGB) within the property sector, with a specific focus on areas overlapping with customary land. The establishment of strategic national zones by the government as part of defense planning frequently results in overlapping claims, legal ambiguity, and conflicts. These policies, while essential for national security, often disregard the socio-legal context of land ownership, particularly in regions inhabited or claimed by indigenous communities whose land tenure systems are rooted in customary law (adat). Through a statute approach, the research identifies significant disharmony among defense regulations, agrarian law, and laws recognizing indigenous peoples' rights. This legal fragmentation has resulted in inadequate protection for HGB holders and customary landowners, leading to heightened vulnerability, social tensions, and the systemic marginalization of local populations. Furthermore, the lack of inclusive consultation processes in defense-driven land designations exacerbates the problem. Thus, there is an urgent need for an integrated legal framework that harmonizes national defense objectives with land rights recognition and equitable development. Such reform should balance strategic interests, uphold the rule of law, and respect the rights of indigenous peoples to ensure sustainable and socially just land governance.
subject: Articles
  topic: section
subject: Building Use Rights (HGB)
  topic: keywords
subject: defense policy
  topic: keywords
subject: customary law
  topic: keywords
subject: agrarian conflict
  topic: keywords
subject: agrarian law
  topic: keywords
creator: Dedy Muharman
rights: Copyright (c) 2025 Dedy Muharman (Author)
date: 2025-05-31
publication date: 2025-05-31
starting page: 1
ending page: 10
doi: 10.62872/r2axr825

The Status of Adat Law in Traditional Courts: Between Validity and Legitimacy in the Eyes of National Law
type: item
description: This study examines the position of customary law within Indonesia’s customary courts, exploring the delicate balance between legality and legitimacy from the perspective of national law. Customary law holds a significant place in Indonesia’s pluralistic legal system, recognised constitutionally and through various statutes such as Law Number 6 of 2014 on Villages and Law Number 48 of 2009 on Judicial Power. However, its practical enforcement and integration remain challenged by legal ambiguities and limited formal recognition, particularly concerning customary courts’ jurisdiction and authority. This research employs a normative legal approach, analysing relevant legislation, constitutional provisions, and judicial decisions to understand how customary law navigates between formal legality and the social legitimacy derived from indigenous communities. The findings reveal that while customary law is socially and culturally legitimate within indigenous societies, it often occupies a marginalised position within the state legal framework. Customary courts play a crucial role in mediating disputes and preserving indigenous identity, yet face constraints due to their limited legal empowerment. The study also highlights the need for comprehensive legal reforms and policies that enhance customary law’s status, promote cooperation between customary and state legal systems, and respect cultural diversity. Comparative insights from other pluralistic jurisdictions further underscore the potential for harmonising customary and national law to achieve justice and social cohesion in Indonesia.
subject: Articles
  topic: section
subject: Customary law
  topic: keywords
subject: customary courts, legality
  topic: keywords
subject: legitimacy
  topic: keywords
subject: pluralistic legal system
  topic: keywords
subject: indigenous rights
  topic: keywords
subject: legal pluralism
  topic: keywords
creator: Olyvia Rosalia
creator: Dwi Nurahman
rights: Copyright (c) 2025 Olyvia Rosalia, Dwi Nurahman (Author)
date: 2025-04-30
publication date: 2025-04-30
starting page: 11
ending page: 20
doi: 10.62872/nt2frm17

Agrarian Conflict and Customary Land Rights: An Adat Law Perspective on Land Dispute Resolution
type: item
description: Land disputes in Indonesia persist as a major issue, primarily arising from the conflict between the formal national legal system and the Indigenous legal traditions governing land ownership, particularly Adat Law. This research investigates agrarian conflicts, focusing on how traditional land rights (hak ulayat) often clash with the modern legal frameworks that dominate the national system. The study identifies the profound disconnect between state laws and the cultural practices of Indigenous communities, stressing the urgent need for a legal framework that honors both formal and customary law. Through the examination of current conflict cases, the research demonstrates that traditional conflict resolution methods rooted in Adat Law, with their emphasis on community consensus, offer a more sustainable and just approach compared to rigid state systems. The findings argue for the acknowledgment and legal incorporation of customary law in addressing land disputes, thereby protecting the land rights of Indigenous peoples. Furthermore, the study advocates for a transformation in national agrarian policies to establish a cohesive legal approach that respects and integrates both customary and formal legal systems, ultimately paving the way for a more inclusive and just agrarian reform process.
subject: Articles
  topic: section
subject: Land disputes
  topic: keywords
subject: Indigenous land ownership
  topic: keywords
subject: Adat Law
  topic: keywords
subject: legal diversity
  topic: keywords
subject: hak ulayat
  topic: keywords
subject: land conflict resolution
  topic: keywords
creator: Loso Judijanto
rights: Copyright (c) 2025 Loso Judijanto (Author)
date: 2025-03-30
publication date: 2025-03-30
starting page: 39
ending page: 48
doi: 10.62872/hnkymc46

The Dynamics of Customary Land Dispute Resolution: Between Customary Law and Positive Law
type: item
description: This research delves into the intricate interplay between traditional customary norms and formal statutory provisions in addressing indigenous land conflicts within Indonesia. Adopting a normative juridical framework, the study dissects the underlying legal doctrines, status, and operational realities of indigenous dispute resolution systems, while also scrutinising their interface with the formal mechanisms of state law. The analysis demonstrates that customary frameworks retain profound influence as mechanisms of land conflict resolution among native populations—an influence grounded in deep-rooted cultural authority, emphasis on communal restoration, and procedural informality. Nevertheless, the continued absence of consistent juridical acknowledgement and the lack of systemic integration within the national legal architecture have given rise to ambiguity and compromised the enforceability of traditional verdicts. Through an examination of statutory texts, judicial precedents, and scholarly discourse, the study exposes the pressing necessity for legal transformation—urging the institutionalisation of a more inclusive jurisprudential model that allows indigenous legal traditions to coexist and collaborate with state-driven legal protocols. It proposes the establishment of integrative frameworks, enhanced administrative mechanisms, and culturally responsive judicial interpretation as critical steps toward narrowing the legal divide and realising equitable access to justice in indigenous land affairs.
subject: Articles
  topic: section
subject: Indigenous legal traditions
  topic: keywords
subject: statutory law
  topic: keywords
subject: land conflict resolution
  topic: keywords
subject: legal hybridity
  topic: keywords
subject: pluralistic justice
  topic: keywords
creator: Loso Judijanto
rights: Copyright (c) 2025 Loso Judijanto (Author)
date: 2025-03-30
publication date: 2025-03-30
starting page: 49
ending page: 55
doi: 10.62872/3thjkk37

The Effect of Customary Law on The Distribution of Heritage to Indigenous Peoples in Indonesia
type: item
description: This study discusses the influence of customary law on the distribution of inheritance within indigenous communities in Indonesia, as well as how customary law is recognized within the national legal system. Indigenous communities possess diverse inheritance systems, such as patrilineal (Batak, Nias), matrilineal (Minangkabau), and bilateral (Javanese, Sundanese) systems, which often differ from the provisions of positive law, such as the Civil Code and the Compilation of Islamic Law. This study employs normative legal research methods with a statutory approach to analyze the regulations governing customary inheritance. The findings indicate that although the state has acknowledged the existence of customary law through Article 18B Paragraph (2) of the 1945 Constitution, Law No. 5 of 1960, and Law No. 6 of 2014, challenges remain in its implementation particularly regarding conflicts with national law and the potential for gender discrimination in certain customary systems. The study concludes by emphasizing the need for harmonization between customary and national law to create a more equitable inheritance system that aligns with the principles of human rights protection.
subject: Articles
  topic: section
subject: Customary
  topic: keywords
subject: Inheritance
  topic: keywords
subject: Discrimination
  topic: keywords
creator: Olyvia Rosalia
creator: Firayani
creator: Taupiq
rights: Copyright (c) 2025 Olyvia Rosalia, Firayani, Taupiq (Author)
date: 2025-03-31
publication date: 2025-03-31
starting page: 11
ending page: 23
doi: 10.62872/sbqnab98

Critical Analysis of Customary Law and Community Welfare
type: item
description: This study aims to critically analyze the role of customary law in improving community welfare, as well as how customary law is accommodated or confronted with the national legal system in the context of development. The method used is the Systematic Literature Review (SLR), which allows researchers to compile and synthesize information from various academic sources systematically, structured, and critically. The research process begins with the formulation of research questions, literature selection based on inclusion and exclusion criteria, evaluation of source quality, to narrative synthesis of the main themes that emerge from the literature, such as customary-based natural resource management, protection of local community rights, and state recognition of customary law. The results of the study show that customary law, as an unwritten legal system that is flexible and contextual, plays an important role in maintaining cultural identity, resolving conflicts, and managing resources sustainably. Although recognized in the constitution, customary law faces external challenges such as modernization and pressure from state law, as well as internal challenges such as potential discrimination and cultural commodification. Therefore, it is necessary to update customary law to be more inclusive and adaptive, as well as harmonious integration with national law supported by government policies, customary leaders, and civil society. This study emphasizes the importance of strengthening customary law as a strategic element in realizing the welfare of indigenous communities in a just and sustainable manner.
subject: Articles
  topic: section
subject: customary law
  topic: keywords
subject: community welfare
  topic: keywords
subject: sustainable development
  topic: keywords
subject: indigenous peoples
  topic: keywords
creator: Judy Marria Saimima
creator: Hadibah Zachra Wadjo
creator: Harly Clifford Jonas Salmon
rights: Copyright (c) 2025 Judy Marria Saimima, Hadibah Zachra Wadjo, Harly Clifford Jonas Salmon (Author)
date: 2025-03-26
publication date: 2025-03-26
starting page: 24
ending page: 38
doi: 10.62872/b2vetj66

Harmony Between Building Use Rights (HGB) Regulations and Defense Policies: A Customary Law Perspective in Natural Resource Management
type: item
description: This study examines the harmony between the regulation of Building Use Rights (HGB), defense policies, and customary law in natural resource management in Indonesia. The disharmony among these three aspects often leads to land conflicts, resulting in legal uncertainty for indigenous communities. HGB regulations and defense policies tend to prioritize the interests of right holders and national defense, while legal recognition of indigenous land rights (ulayat rights) remains limited. As a result, indigenous communities lose access to land and natural resources that are integral to their economic, social, and cultural life. This study employs a normative juridical method with legislative, conceptual, and case approaches to identify regulatory disharmony and its impact on indigenous communities. The findings reveal that land conflict resolution often favors HGB holders and defense policies, with minimal involvement of indigenous communities in decision-making processes. Therefore, a more inclusive land policy is needed by strengthening the recognition of ulayat rights, integrating customary law into national regulations, and developing effective land dispute mediation mechanisms. This regulatory harmonization is expected to create a balance between state interests, right holders, and indigenous communities in sustainable and equitable natural resource management.
subject: Articles
  topic: section
subject: Regulatory Harmonization
  topic: keywords
subject: Building Use Rights (HGB)
  topic: keywords
subject: Defense Policy
  topic: keywords
subject: Customary Law
  topic: keywords
subject: Land Conflict
  topic: keywords
creator: Dedy Muharman
rights: Copyright (c) 2025 Dedy Muharman (Author)
date: 2025-03-31
publication date: 2025-03-31
starting page: 1
ending page: 10
doi: 10.62872/84qnd061

The role of customary law in Environmental Conservation: A Case Study in Dayak Indigenous communities
type: item
description: This research examines the role of Dayak customary law in environmental conservation, focusing on sustainable natural resource management. It explores how practices such as land-use restrictions, sacred forest protection, and conservation rituals contribute to ecosystem preservation. The study also identifies conflicts between customary law and national policies, particularly regarding land tenure and resource exploitation by industries. Using a normative legal approach, the research analyzes Indonesia’s legal framework, including the 1945 Constitution, the Forestry Law, and the Environmental Protection Law. Through case studies in Kalimantan, the study highlights the effectiveness of these practices in conserving the environment. The findings indicate that while customary law plays a crucial role in conservation, its potential is hindered by insufficient recognition and alignment with national laws. The study recommends enhancing the formal recognition of customary law through clearer legal frameworks, improving collaboration with local governments, and providing capacity-building programs for indigenous communities to ensure sustainable resource management.
subject: Articles
  topic: section
subject: Dayak customary law
  topic: keywords
subject: environmental conservation
  topic: keywords
subject: indigenous rights
  topic: keywords
creator: Hendri Khuan
creator: Revi Sesario
creator: Andi Kurniawan
rights: Copyright (c) 2025 Hendri Khuan, Revi Sesario (Author)
date: 2025-01-31
publication date: 2025-01-31
starting page: 22
ending page: 34
doi: 10.62872/vq7s7j07

Analysis of Recognition and Protection of Indigenous Peoples Rights in Land Policy in Indonesia
type: item
description: This study aims to examine the recognition of Indigenous land rights in Indonesia, the challenges faced in their implementation, and provide policy recommendations to strengthen the protection of Indigenous rights in the land sector. Although Indonesia already has regulations that recognize indigenous peoples ' rights, such as the 1945 Constitution and various sectoral laws, implementation of recognition of Indigenous land rights is often hampered by regulatory overlap and conflicts of interest between the forestry, plantation, and mining sectors. In addition, the role of indigenous peoples in policy making is still limited. This study identifies the gap between regulation and field reality, as well as analyzing the social, economic, and environmental implications of the recognition of Indigenous land rights. The results showed the importance of harmonizing regulations, increasing the participation of indigenous peoples, and accelerating the certification of indigenous lands to increase legal certainty. This study suggests multi-stakeholder collaboration as a strategic step to strengthen the position of indigenous peoples in the management of their lands and Natural Resources.
subject: Articles
  topic: section
subject: Customary Land Rights
  topic: keywords
subject: Indigenous Peoples
  topic: keywords
subject: Regulation
  topic: keywords
subject: Policy Implementation
  topic: keywords
creator: Dedy Muharman
rights: Copyright (c) 2025 Dedy Muharman (Author)
date: 2025-01-20
publication date: 2025-01-20
starting page: 1
ending page: 13
doi: 10.62872/xqyx4373

The effect of the Application of Restorative Justice System on the settlement of Criminal Cases in Indonesia in the perspective of Customary Law
type: item
description: The application of the Restorative Justice System (RJS) in Indonesia offers an alternative approach to resolving criminal cases by prioritizing reconciliation, victim recovery, and offender accountability. This study explores the impact of RJS on the resolution of criminal cases from the perspective of customary law, which plays a significant role in many Indonesian communities. By integrating customary practices into the formal legal framework, restorative justice fosters community involvement and strengthens social harmony. The research highlights successful case studies from regions such as Papua, Aceh, and Bali, demonstrating the effectiveness of customary law in promoting peaceful conflict resolution. However, challenges such as legal inconsistencies, limited public awareness, and lack of mediator training persist. The study concludes with policy recommendations to enhance the synergy between customary law and the national legal system, aiming to build a more inclusive and equitable criminal justice process in Indonesia.
subject: Articles
  topic: section
subject: Restorative Justice
  topic: keywords
subject: Customary Law
  topic: keywords
subject: Criminal Case Resolution
  topic: keywords
creator: Karolus Kopong Medan
creator: Kornelia Melansari Deran Lewokeda
creator: Zonita Zirhani Rumalean
creator: Nur Rois
rights: Copyright (c) 2025 Karolus Kopong, Kornelia Melansari Deran Lewokeda, Zonita Zirhani Rumalean, Nur Rois (Author)
date: 2025-01-20
publication date: 2025-01-20
starting page: 14
ending page: 21
doi: 10.62872/05scdp40

Restorative Justice in Customary Law: Alternative Dispute Resolution in Indigenous Communities
type: item
description: Restorative justice is an alternative approach to dispute resolution that emphasizes the restoration of relationships between the parties involved, in contrast to the retributive approach that focuses on punishment. Based on the concept of the rule of law, legal certainty in Indonesia can not only be achieved through the norms contained in the law, but also by considering the values that live in society, such as customary law. This research aims to explore the application of restorative justice in customary law as an out-of-court dispute resolution mechanism. This research uses a normative research method that focuses on the study of legal documents, especially those related to the implementation of alternative dispute resolution that has been promulgated as Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The results show that customary law that emphasizes restorative justice is recognized and integrated in Law Number 30 of 1999, enabling out-of-court dispute resolution in a way that is more in line with local values. The recognition and integration of customary law in the national legal framework strengthens the role of customary law in achieving legal certainty in Indonesia, especially in the context of dispute resolution at the community level.
subject: Articles
  topic: section
subject: Customary Law
  topic: keywords
subject: Dispute Resolution
  topic: keywords
subject: Restorative
  topic: keywords
creator: Suhermi
rights: Copyright (c) 2024 Suhermi (Author)
date: 2024-07-30
publication date: 2024-07-30
starting page: 1
ending page: 12
doi: 10.62872/nt54cz73

Indigenous Peoples and the Constitution: Implementation of Traditional Rights Recognition in Modern Legal Foundations
type: item
description: This article critically examines the historical and legal trajectory of indigenous peoples' rights recognition within the Indonesian Constitution. Drawing on insights from the theory of customary law rights recognition, as elucidated by constitutional scholars reflecting on the struggles of indigenous communities in Latin American contexts, it reveals a notable gap: despite containing elements of rhetorical support, none of Indonesia's Constitutions fully acknowledge or safeguard indigenous peoples' rights. This deficiency has allowed the state considerable latitude to disregard ancestral rights under the pretext of national interest. To address this, a reinterpretation of constitutional provisions pertaining to indigenous rights is advocated, grounded in the ethos of Indonesian unity amidst diversity. Without such a reinvigorated approach, the risk of further erosion or outright negation of indigenous rights looms large.
subject: Articles
  topic: section
subject: indigenous peoples
  topic: keywords
subject: customary law rights recognition
  topic: keywords
subject: Indone- sian Constitution.
  topic: keywords
creator: seffiani dwi
rights: Copyright (c) 2024 Journal of Adat Recht
date: 2024-05-27
publication date: 2024-05-27
starting page: 37
ending page: 47
doi: 10.62872/8bsvnw62

The Position of Customary Law in the Legal System: An ExplorationRole, Challenges, and Integration in the Context of National Legal Development
type: item
description: This article delves into the role of customary law within the Indonesian legal framework, examining its interaction with the Indonesian Constitution and national laws, and how it influences its application in various domains. Through analytical exploration, several key insights emerge. Firstly, customary law occupies a position in the Indonesian legal hierarchy akin to other national laws, albeit differing in its oral or unwritten nature. Secondly, the Constitution of 1945 acknowledges both written and unwritten laws, including customary law (hukum adat), alongside each other, though it places greater emphasis on formal written legislation in governing societal affairs. Thirdly, parliamentary responsiveness to this dynamic is essential, particularly evident in the creation of regional laws (Qanun) in Aceh, designed to accommodate the evolving nature of customary law within local communities. This adaptability underscores customary law's status as a form of living law, reflective of community norms and practices. Finally, the judiciary plays a pivotal role in overseeing legal consciousness within communities, particularly in addressing legal issues stemming from customary practices. Judicial prudence emerges as a vital source of legal identity, guiding decision-making processes with an understanding of community values and norms.
subject: Articles
  topic: section
subject: Position of Customary Law
  topic: keywords
subject: Indonesian Legal System
  topic: keywords
subject: Role of Customary Law
  topic: keywords
subject: Challenges of Customary Law
  topic: keywords
subject: Integration of Customary Law
  topic: keywords
creator: Fitri Arianti Saputri
rights: Copyright (c) 2024 Journal of Adat Recht
date: 2024-05-27
publication date: 2024-05-27
starting page: 30
ending page: 36
doi: 10.62872/esmxh108

Reviving the Role of Customary Law as a Legal Foundation in the Development of the Indonesian Legal System
type: item
description: This research discusses the neglect of customary law as one of the sources of law in Indonesia, due to the perception that customary law is considered too traditional and unable to keep up with the times, such as globalization and technology. This research aims to explore areas of customary law that are still relevant in addressing the challenges faced by Indonesian society in the era of globalization, as well as to highlight the urgency of customary law as a foothold for national legal development policies. The research method used is descriptive analytical with a normative juridical approach. Data and information were obtained through interdisciplinary and multidisciplinary approaches as well as cross-sectoral, then analyzed in depth in a normative juridical manner. The results showed that several aspects of customary law, such as inheritance law, customary rights, pawn, rent, and profit sharing, still have relevance and can be a source of inspiration in the formation of national law and act as a source of law in the process of legal discovery.
subject: Articles
  topic: section
subject: revitalization
  topic: keywords
subject: adat law
  topic: keywords
subject: source of law
  topic: keywords
creator: Iin Rahayu
rights: Copyright (c) 2024 Journal of Adat Recht
date: 2024-05-27
publication date: 2024-05-27
starting page: 23
ending page: 29
doi: 10.62872/rrncn088