Historical Journey Of Transforming The Recognition Of Customary Law Constitutionality In Indonesia

Resumen

This research seeks to examine the interplay between Indonesian Customary Law and the Constitution (UUD) historically, with particular emphasis on how these legal frameworks accommodate, safeguard, and embody the rights and aspirations of indigenous populations. This paper examines the evolution of customary law recognition from the pre-colonial era to the reform period using a historical lens. The legislative method examines numerous regulations, judicial rulings, and pertinent constitutional amendments to comprehend the state's response to the role and presence of customary law within the context of a modern nation. The findings indicate that the link between customary law and the Constitution is dynamic, shaped by many social, political, and cultural influences. Despite instances of marginalisation, the Constitution has sought to uphold and integrate customary law ideas within the contemporary constitutional framework. Nonetheless, obstacles like legal duality and varying social interpretations frequently hinder the effective application of customary law. The proposal of "Dynamic Customary Law" facilitates the adaptation and integration of customary law into the contemporary national legal framework, while maintaining its fundamental core and original values.

Enviado el (Submission Date): 03/06/2025

Aceptado el (Acceptance Date): 18/09/2025