Introduction: The pluralism of Baduy customary law is a constitutional reality within the Indonesian constitutional system, particularly regarding the recognition of indigenous communities. The existence of Baduy customary law influences local governance, which is based on local wisdom, customary adherence, and social sustainability. However, the harmonization of customary law and state law often faces normative and implementation challenges. Purposes of the Research: This study aims to analyze the pluralism of Baduy customary law within the framework of Indonesian constitutional law and its implications for just governance. The research focuses on the form of constitutional recognition, the relationship between state authority and customary institutions, and the contribution of Baduy customary law in realizing the principles of justice, legal certainty, and respect for the rights of indigenous peoples contextually, normatively, and empirically within Indonesia's current modern and diverse regional government system. Methods of the Research: The research method used is qualitative research with a normative juridical and sociolegal approach. Data were obtained through a library study of laws and regulations, court decisions, and scientific literature, supported by empirical data from previous studies. Data analysis was conducted descriptively and analytically to interpret the relationship between Baduy customary law and the principles of constitutional law and the Indonesian constitution, values of justice, pluralism, customary recognition, and the practice of sustainable, adaptive, contextual, democratic, and national local governance. Results of the Research: The research findings indicate that Baduy customary law holds a strategic position within the national legal system through conditional constitutional recognition. The novelty of this research lies in the assertion that customary legal pluralism does not conflict with constitutional law, but rather enriches the concept of just governance. The integration of Baduy customary values supports the principles of substantive justice, community participation, and respect for collective customary rights. These findings emphasize the need for adaptive constitutional policies policies based on the values of the Indonesian constitution to ensure harmony between customary law and the state in a sustainable, inclusive, democratic, contextual, national, modern, responsive, just, dignified, balanced, participatory, and constitutionally oriented manner.
Introduction: This article examines sexual violence as a serious human rights violation that affects victims physically, psychologically, and socially, including within indigenous communities in Bali. The handling of sexual violence cases therefore requires a legal approach that goes beyond punishment and emphasizes victim recovery while maintaining social harmony. In this context, Balinese customary criminal law, which is rooted in local wisdom, offers restorative justice values that merit critical examination within the national legal framework. Purposes of the Research: The purpose of this study is to analyze the values of restorative justice embedded in Balinese customary criminal law in addressing cases of sexual violence and to assess their relevance and compatibility with Indonesia’s national legal system, particularly in relation to victim protection and human rights standards. Methods of the Research: This research employs normative juridical legal research using a literature study approach. The study analyzes primary legal materials, including statutory regulations, and secondary legal materials such as books, academic journals, and official reports to examine restorative justice principles in Balinese customary criminal law. Results of the Research: The findings show that restorative justice values have long existed in Balinese customary criminal law through mechanisms emphasizing harmony and social balance. However, their application in sexual violence cases reveals normative tensions, as customary settlements may marginalize victims’ rights. This study contributes original insight by critically positioning Balinese customary law as a complementary, not substitutive, mechanism to national criminal law in ensuring victim-centered justice.
Introduction: This article examines the normative tension between state law and customary law in regulating child marriage practices within indigenous communities. In the Indonesian legal system, marriage is regulated through a formal legal framework emphasizing legal certainty and protection, while customary practices are rooted in communal values, traditions, and unwritten norms. Within the perspective of legal pluralism, the coexistence of these legal systems often creates challenges in terms of effectiveness, compliance, and social legitimacy. Purposes of the Research: The purpose of this research is to analyze the application of legal positivism and natural law theory in social engineering toward child marriage practices in indigenous communities, as well as to formulate an appropriate approach for addressing such practices within the framework of Indonesian law. Methods of the Research: This research employs a normative juridical method using statute and conceptual approaches. Legal materials consist of primary sources such as legislation and secondary sources including legal doctrines and scholarly writings related to customary law, marriage law, and legal theory. Results of the Research: The findings reveal that the persistence of child marriage in indigenous communities reflects a normative tension between the formal validity of state law and the moral legitimacy of customary law. Neither legal positivism nor natural law independently provides an adequate solution. Instead, an integrative approach based on Roscoe Pound's concept of law as social engineering, supported by legal positivism and natural law, offers a more effective framework for promoting legal reform while respecting indigenous cultural values. This study contributes to the literature by proposing an integrated analytical framework that bridges legal certainty, moral legitimacy, and participatory social transformation in legally pluralistic societies.
Introduction: This article examines the normative tension between the principle of freedom of contract in national civil law and the practice of customary agreements within indigenous communities. In the Indonesian legal system, contractual relations are generally constructed on an individualistic and formal legal framework, while customary agreements are rooted in communal values, unwritten norms, and local wisdom. Within the perspective of legal pluralism, the coexistence of these different legal orders often generates challenges in terms of recognition, validity, and legal enforcement. Purposes of the Research: The purpose of this research is to identify the normative points of tension between the doctrine of freedom of contract and the practice of customary agreements and to formulate a conceptual model for integrating these norms within the national civil law system through the perspective of legal pluralism. Methods of the Research: This research employs a normative juridical method using statute, conceptual, and comparative approaches. Legal materials consist of primary legal sources such as legislation and secondary materials including legal doctrines and scholarly writings related to civil law, customary law, and legal pluralism. Results of the Research: The findings reveal that the normative tension between the principle of freedom of contract and customary agreements stems from differences in legal subjects, consent, evidentiary standards, bargaining positions, and legal authority. To address these tensions, this study proposes an integration model through the reconstruction of the freedom of contract doctrine to accommodate communal values, a progressive approach recognizing customary agreements as legally valid, adaptive evidentiary mechanisms that incorporate customary proof, and legal pluralism-based harmonization between national civil law and customary law. These models preserve legal certainty while strengthening recognition of indigenous communities' living law.
Introduction: The dualism of land law in Indonesia (positive law, Islamic law, customary law) that causes conflicts, especially between waqf land and customary heritage land. Purposes of the Research: Analyze the roots of conflicts, implications for legal certainty, and find integrative solutions. Methods of the Research: The research uses a normative legal method with a descriptive-analytical approach through a literature study of laws and regulations, doctrines, and scientific literature related to agrarian law, waqf, and customary law community rights. Results of the Research: The results of the study show that disputes generally originate from differences in the concept of land ownership, where waqf law places land as an individual right that can be waqf for religious and social purposes, while customary law views land as a communal asset that has historical, cultural, and spiritual value so that any change in status must obtain the approval of all parties who are entitled to it. This paradigm difference causes the administrative recognition of the state to not always be in line with the social legitimacy that lives in indigenous peoples, thus giving rise to legal uncertainty and prolonged conflicts. This research emphasizes the importance of harmonizing agrarian law, Islamic law, and customary law through strengthening land status verification, optimizing waqf administration, involving customary institutions in the decision-making process, and increasing coordination between agencies. This approach is expected to be able to realize legal certainty that is not only formal, but also reflects substantive justice and maintains social harmony in the settlement of land disputes in Indonesia.
