THE EXISTENCE OF CUSTOMARY LAW COMMUNITIES IN INDONESIA’S POSITIVE LEGAL SYSTEM
This research is motivated by the fact that social changes resulting from modernization and globalization present particular challenges to maintaining indigenous communities. This has resulted in social disintegration and the loss of their cultural identity..This research aims to answer questions regarding the nature of the existence of customary law communities, the regulation of the existence of customary law communities in the positive legal system and to find the role of the state in protecting the existence of customary law communities in Indonesia.This research is a normative legal research using the Philosophical Approach, the Statute Approach, the Conceptual Approach, and the Historical Approach. The results of the study indicate that customary law communities are not merely traditional communities, but are collective legal subjects that have their own government systems, customary territories, and dispute resolution mechanisms that operate effectively within their communities. Regulations regarding customary law communities are not only contained in the constitution, but also in various sectoral laws and regulations. The ideal role of the state does not merely stop at normative recognition, but must be translated into concrete policies that guarantee rights to customary land, local wisdom, access to natural resources, and the political participation of customary communities in decision-making processes that affect their lives. The recommendations that can be given generally emphasize that regulating the existence of customary law communities in the positive legal system in Indonesia requires a holistic, progressive, and social justice-based approach.
Customary Law, Customary Law Communities