Lukman Hakim, Qatrunnada Hamparan Melati, Purnawan Dwikora Negara
Indonesia’s legal system reflects a complex coexistence between state law and adat (customary) law, yet the integration of adat law remains structurally constrained within a centralized legal framework. This paper aims to examine the historical, constitutional, and institutional barriers that hinder the recognition of adat law and explore how Indonesia might adopt a more inclusive legal pluralism. Using a qualitative legal research design, the study employs doctrinal constitutional analysis and comparative legal inquiry, focusing on models from South Africa, Canada, New Zealand, and Australia. The findings reveal that Indonesia’s constitutional design—shaped by colonial legacies and reinforced through post-independence centralism—continues to subordinate adat law, despite post-Reformasi decentralization efforts. The recognition of adat law remains conditional, fragmented, and highly dependent on state-defined norms. The study concludes that without constitutional reform and institutional support, the implementation of legal pluralism in Indonesia will remain limited and inconsistent. It recommends (1) amending Article 18B of the 1945 Constitution to unconditionally recognize adat law, (2) issuing judicial guidelines to promote consistent legal interpretation, and (3) integrating adat law into governance and environmental policymaking. These reforms are essential to build a pluralistic legal order that reflects Indonesia’s cultural diversity and constitutional commitment to justice. © 2025 Author(s).
Faculty of Law, Universitas Widyagama, Malang, Indonesia; Master of Environmental Science, Policy, and Management, Central European University, Vienna, Austria
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