Year: 2025 | Month: November | Volume: 12 | Issue: 11 | Pages: 396-401
DOI: https://doi.org/10.52403/ijrr.20251142
Living Law in Society as a Legal Consideration in the Settlement of Disputes Between Customary Legal Communities in Indonesia
Erlina1, Syafrinaldi2, Lina Jamilah3
1,2Faculty of Law, Islamic University of Riau,
3Doctor of Law, Bandung Islamic University, Indonesia.
Corresponding Author: Erlina
ABSTRACT
This study aims to analyze the position and urgency of living law in the Indonesian judicial system, particularly in resolving cases involving Indigenous Law Communities (MHA). The method used is normative legal research with a conceptual approach and literature study. The results of the study indicate that the recognition of customary law in the Indonesian legal system has a strong constitutional, juridical, and philosophical basis, as stated in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution. However, in practice, the enforcement and recognition of customary law still face various challenges. Therefore, strengthening living law as a consideration for judges is very urgent. This not only realizes substantive justice for indigenous law communities but also functions as a means of more effective, accommodating, and sustainable conflict resolution. This strengthening can be done through reinterpretation of positive law by judges, increasing the capacity of judges in understanding legal pluralism, and using customary law as a basis for juridical considerations in decisions.
Keywords: Living law; Customary law; Judge's considerations
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