Exploring the meaning of the new article in the context of customary law: Critical Analysis in the Framework of New Customary Law in Indonesia

Authors

  • lusiana domaking Universitas Widya Gama Malang
  • Zulkarnain

Keywords:

Customary Law Law, Article 2, Legal Implementation

Abstract

The ratification of Law No. 1 of 2023 concerning the Criminal Code (New Criminal Code) introduces
Article 2 which promises better legal protection for indigenous peoples—considering that as a multicultural
society, Indonesia has various forms of customary rules that are certainly different from national laws. However,
this article also presents significant interpretive challenges. This research aims to explore the meaning of Article
2 in the context of customary law, focusing on its implementation and application in Indonesia. Using a case
study and critical analysis approach, this article explores the various interpretations and impacts of Article 2 on
the recognition of indigenous peoples' rights and environmental sustainability. The findings of this study provide
in-depth insight into the dynamics of customary law in the changes in new laws and regulations in Indonesia.

References

Damianus Rama Tene, et al. “Implications of the Application of Customary Criminal Law in

the Settlement of Crimes After the Reform of Indonesia’s National Criminal Law.”

Journal of Legal Research and Education 22, no. 2 (2023): 29–41.

Faisal. “Genuine Paradigm of Criminal Justice: Rethinking Penal Reform within Indonesia's

New Criminal Cod.” Cogent Social Sciences 10 (2024): 17.

Ilham Yuli Isdiyanto. “Three Reasons for Article 2 of the New Criminal Code, ‘Living Law’

Needs to Be Revised,” 2023.

Muhaimin. Metode Penelitian Hukum. Mataram: Mataram University Press, 2020.

Republik, Indonesia. “Law Number 1 of 2023 Concerning the Criminal Code", Statute Book

of the Republic of Indonesia Number 1 of 2023.,” 2023.

Satjipto Rahardjo. Law and Social Change. Jakarta: PT Gramedia Pustaka Utama, 1983.

Tody Sasmita Jiwa Utama. “Between Adat Law and Living Law: An Illusion of Customary

Law Incorporation into Indonesia Penal System.” The Journal of Legal Pluralism and

Unofficial Law 53 (2021): 260–69.

———. “Between Adat Law and Living Law: An Illusion of Customary Law Incorporation

into Indonesia Penal System.” Journal of Legal Pluralism and Unofficial Law 53 (2021):

–69.

Veriena. J.B. Rehatta. “The Application of Responsive Law in Indonesia, International Law”

(2015). https://fh.unpatti.ac.id/penerapan-hukum-responsif-di-indonesia/.

Yoserwan. “Implications of Adat Criminal Law Incorporation into the New Indonesian

Criminal Code: Strengthening or Weakening?” Cogent Social Sciences 10 (2024): 11.

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Published

2024-08-23

How to Cite

domaking, lusiana, & Zulkarnain. (2024). Exploring the meaning of the new article in the context of customary law: Critical Analysis in the Framework of New Customary Law in Indonesia. Widya Gama Law Review, 1(2), 14–23. Retrieved from https://jurnal.widyagama.ac.id/index.php/wglr/article/view/593