KARAKTER DAN SISTEM HUKUM ADAT SEBAGAI PENANDA KEBERADAAN HUKUM ADAT

Abstract

Customary law in Indonesia reflects the cultural diversity present within its society, with each ethnic group possessing distinctive patterns and characteristics of customary law. This paper examines the important role of customary law within the national legal system, as well as the interaction between customary law and positive law. The study employs a normative approach by analyzing various laws and regulations, including the recognition of indigenous peoples' rights as stipulated in the 1945 Constitution. The findings indicate that although customary law faces challenges in the modern era, its existence remains acknowledged and retains legitimacy in dispute resolution within indigenous communities. Furthermore, this paper also discusses the challenges confronting customary law, including the impacts of globalization and modernization, which often threaten local values. Nevertheless, opportunities for the preservation of customary law persist through government policy support and public awareness. By utilizing existing legal frameworks, such as the Law concerning the Protection and Empowerment of Indigenous Peoples, it is anticipated that customary law can function optimally and sustainably within the context of legal development in Indonesia.