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 : Dr.Tumian Lian Daya Purba,S.H., M.H Managing Editor : Dr.H.Yusep Mulyana,M.H Assistant Editor : Dr Md Shodiq Publisher : PT. Anagata Sembagi Education Accreditation : Index Copernicus International
Recognition and Protection of Indigenous Peoples in Public Policy: Analysis of the Implementation of National Regulations
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.
Copyright (c) 2026 Ari Purwadi (Author)
Protection of Indigenous Peoples' Rights: A Legal Review of Local Wisdom-Based Natural Resource Management
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.
Copyright (c) 2026 Henny Saida Flora, Deassy J.A. Hehanussa, Fathullah Fathullah (Author)
Customary Law and Agrarian Conflict:Analysis of Land Dispute Resolution Based on Local Wisdom
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.
The Contribution of Customary Law to Sustainable Development: Social and Environmental Perspectives
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.
Copyright (c) 2026 Pramidazzura Alifa Rifqi (Author)
Customary Law and the Challenges of Modern Investment: Strategies for Maintaining a Balance between Traditional Values and Economic Growth
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.
Utilization of Customary Law for Resolution of Land and Natural Resource Disputes: A Restorative Approach
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
Copyright (c) 2026 Samsidar Samsidar (Author)
A Model for Utilizing Common Land for Investment Through HPL that Strengthens the Position of Indigenous Communities
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.
Copyright (c) 2026 Lenny Husna, Muskibah Muskibah, Dwi Suryhartati (Author)
The Existence of Customary Law in the Protection of Customary Land Rights of Indigenous Peoples in Indonesia
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.
Copyright (c) 2026 Loso Judijanto, Angga Aldilla Gussman (Author)
Marind Customary Law Practices in Natural Resource Management in Southern Papua
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
Copyright (c) 2025 ADV. Neri Aslina (Author)
The Existence of Customary Law as a Living Law within Indonesia’s Legal System: A Legal Pluralism Analysis
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
Copyright (c) 2025 Theresia N.A Narwadan (Author)
Western Legal Hegemony over Customary Law: A Critical Legal Studies (CLS) Perspective
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
Copyright (c) 2025 Rachmadi Usman (Author)
Balinese Customary Law and Tri Hita Karana: A Philosophical Foundation for Sustainable Law in Indonesia
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
Copyright (c) 2025 Muthia Sakti (Author)
Customary Court Authority in Resolving Minor Violations: A National Legal Perspective
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.
Copyright (c) 2025 Shohib Muslim (Author)
Revitalization of Customary Law as an Instrument for Resolving Social Conflict in Multicultural Societies
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.
Copyright (c) 2025 Laros Tuhuteru (Author)
Cultural and Heritage Protection in Customary Law: A Sustainability Perspective in the Global Era
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.
Copyright (c) 2025 Rangga Pratama Saputra (Author)
Customary Law Contract Agreement Conflict In Inherited Land Purchase Transaction
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.
Copyright (c) 2025 Ach. Dlofirul Anam (Author)
Integration of Customary Law and Ethnoecological Concepts in Supporting Sustainable Agricultural Practices
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.
Copyright (c) 2025 Yohanes Kamakalula, Yunita Palinggi, Obadja Andris Fenetiruma (Author)
Democracy in Timor-Leste and the power of the vote
Democracy comes from the Greek word’s demos and kratos. Demos means people and kratos means power. Therefore, democracy means power is in the hands of the people. Power comes from the people and the people as the holder of power. Even though the word democracy is a foreign word in Timor-Leste that originates from Latin, but in practice, the Timorese have practiced democracy for most of their lives since the times of the ancestors. Since the rule of the clan, the village, the suco and even the kingdom usually happened with the consent of its people. The people delegated power to the data; the nobles; and then these data were to choose a village chief, a suco chief, and even a liurai (king, ruler) of a kingdom. Even family and community matters, decisions were made through a consensus, a dialogue called nahe biti boot. This reality shows that the Timorese have practiced democracy since ancient times where power is not only in the hands of one person but in the hands of a set of important people in that system itself known as an aristocratic republic. Democracy today also happens in the same way. The people delegate their power to the village chiefs, suco chiefs, the members of the national parliament (hence forming the government) and the president of the republic through votes; of the election. This means that the votes of the people are extremely important in determining the life of a so-called democratic state like Timor-Leste. Democracy must coexist in harmony with the state legal system, that is, democracy must be regularized through state legal norms. Nothing is absolutely free in the world because freedom without responsibility can make it debauchery as long as there are no state legal norms to regulate. Today's modern state must be a democratic state of law, the state that recognizes the power of the people, that is, the state that recognizes that the people as the holder of power, and this democratic state must be regulated through state legal norms, and these state legal norms must recognize that state power resides in the people and in the name of the people, because the people as the sole holder of power. This article aims to deal with the power of voting in relation to democracy where we can see that in a democratic state, important decisions are made through votes. The method of this research is a qualitative method of observation and analysis of the documents linked to the theme treated. With this study we are able to see how voting has power in democracy. We have seen that voting is very important to ensure the proper functioning of democracy and we can say that democracy has to do with votes or in a summarized way we can call it a democracy of votes. We can conclude that any democratic state must promote and value the vote through a transparent, free, direct, secret process, that is, the voting process must at least respect the seal of the vote to guarantee the freedom of voters.
Copyright (c) 2025 Hercus Pereira dos Santos (Author)
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
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.
Copyright (c) 2025 Muslim Muslim (Author)
Protection of Traditional Culture and Customary Expressions from the Perspective of Customary Law
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.
Challenges in Recognizing Indigenous Peoples' Rights in Mining Licensing in Indigenous Areas
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.
Local Wisdom in Customary Law as an Instrument for Environmental Protection
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.
Copyright (c) 2025 Yohanes Kamakaula (Author)
Conflict of Customary Law and Positive Law in Determining The Status of Children: Criminal Implications for Children's Rights and Legal Protection
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
Copyright (c) 2025 Hadibah Zachra Wadjo, Judy marria saimima, Harly Clifford Jonas Salmon (Author)
Revitalization of Customary Law as a Source of Law in Environmental Protection in Indonesia
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.
Copyright (c) 2025 Yohanes Kamakaula, Meky Sagrim (Author)
Public Acceptance of New Criminal Law Policies in Cases of Violence
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.
Copyright (c) 2025 Sefiani Dwi Azmi (Author)
Challenges and Solutions in Implementing the Anti-Terrorism Law in Indonesia
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.
The Role of Customary Law in the National Legal Structure of the Archipelago
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
Copyright (c) 2025 Amalia Tasya (Author)
Challenges in the Implementation of Criminal Law for Sexual Crime Cases in Indonesia
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
The Effectiveness of Restorative Legal Approach in Handling Organized Crime in Indonesia
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.
Copyright (c) 2025 Fitri Arianty (Author)
A Customary Law (Adat Recht) Study on the Impact of Defense Policy on the Management of Right to Build (HGB) in the Property Sector
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.
Copyright (c) 2025 Dedy Muharman (Author)