HUKUM ADAT DALAM SISTEM HUKUM NASIONAL INDONESIA

  • Hijawati Hijawati Universitas Palembang
DOI: https://doi.org/10.36546/solusi.v24i1.1855
Keywords: customary law; national legal system; legal pluralism

Abstract

Customary law is one of the legal systems that has lived and developed within Indonesian society since before the establishment of the state. The existence of customary law not only reflects the social and cultural values of the community but also plays an important role in the national legal system. This paper aims to examine customary law in terms of its position within the Indonesian national legal system and its role in the development of national law. The results of the discussion indicate that customary law holds a constitutionally recognized position as regulated in the 1945 Constitution of the Republic of Indonesia and functions as one of the sources for the formation of national law. Furthermore, customary law contributes to dispute resolution through deliberative mechanisms and serves as a reflection of social justice values that emphasize balance and harmony. Despite facing challenges arising from modernization and the dominance of written law, customary law remains relevant and needs to be harmonized with national law in order to contribute optimally to the development of law in Indonesia.

Published
2026-01-01
Issue
Vol 24 No 1 (2026): SOLUSI
Section
Articles
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