UDTR Global Rights of Nature Radar

The Status of Adat Law in Traditional Courts: Between Validity and Legitimacy in the Eyes of National Law

Identification

Public canonical key

doi:10.62872/nt2frm17

Authors

Olyvia Rosalia · Dwi Nurahman

Reported year

2025

Reported language

en

Source type

article

First detected

2026-11-09T19:17:28.404057+00:00

Last metadata observation

2026-11-09T19:17:28.404057+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi · Universitas Mitra Indonesia

Documentary abstract — original language

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.

Identifiers

OPENALEX

W7215784598

DOI

10.62872/nt2frm17

Documentary context

Documentary family

Scholarship

Source-reported types

article

Jurisdictions studied — explicit sources

ID

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2 · Record 3

• DOI · https://doi.org/10.62872/nt2frm17
• Document · https://ejournal-nawalaedu.com/index.php/JOAR/article/view/1418
• OpenAlex · https://openalex.org/W7215784598

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.