Customary environmental law and its transformation models in Indonesia

The development of modern environmental law in Indonesia has not led to significant improvements in environmental quality. A key challenge is the limited public understanding of environmental law, compounded by the predominance of traditional, religious, and mystical perspectives within Indonesian society. This study aims to investigate the existence and role of customary environmental law in Indonesia and assess its potential contribution to the national environmental legal framework. A qualitative approach was employed, involving document analysis and field observations in communities known for strong adherence to customary practices. Data were analyzed to identify principles and practices of environmental management rooted in local customs. The findings reveal that customary environmental law exists and regulates both the utilization and conservation of the environment according to indigenous norms. This legal tradition operates beyond the realm of local wisdom, suggesting the emergence of a distinct subsystem within Indonesia’s environmental law. Customary environmental law offers valuable insights for the formulation and revision of national environmental legislation. Integrating these customary principles could enhance the effectiveness and cultural relevance of Indonesia’s environmental governance.

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Publication Details

Journal
Cogent Social Sciences
Published
2025-06-08
DOI
https://doi.org/10.1080/23311886.2025.2514680
Citations
2
Primary Topic
Microplastics and Plastic Pollution
Type
article
Field-Weighted Citation Impact
1.01

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article

Customary environmental law and its transformation models in Indonesia

Eva Nuriyah Hidayat, Mohd Hazmi Mohd Rusli, Imamulhadi Imamulhadi, Sherly Meilintan Surya
2 citations
Cogent Social Sciences
Microplastics and Plastic Pollution
1.01
article

Customary environmental law and its transformation models in Indonesia

Eva Nuriyah Hidayat, Mohd Hazmi Mohd Rusli, Imamulhadi Imamulhadi, Sherly Meilintan Surya
article en
2 citations

Abstract

The development of modern environmental law in Indonesia has not led to significant improvements in environmental quality. A key challenge is the limited public understanding of environmental law, compounded by the predominance of traditional, religious, and mystical perspectives within Indonesian society. This study aims to investigate the existence and role of customary environmental law in Indonesia and assess its potential contribution to the national environmental legal framework. A qualitative approach was employed, involving document analysis and field observations in communities known for strong adherence to customary practices. Data were analyzed to identify principles and practices of environmental management rooted in local customs. The findings reveal that customary environmental law exists and regulates both the utilization and conservation of the environment according to indigenous norms. This legal tradition operates beyond the realm of local wisdom, suggesting the emergence of a distinct subsystem within Indonesia’s environmental law. Customary environmental law offers valuable insights for the formulation and revision of national environmental legislation. Integrating these customary principles could enhance the effectiveness and cultural relevance of Indonesia’s environmental governance.

Cogent Social SciencesVol. 11(1)
Universiti Sains Islam Malaysia (MY), Padjadjaran University (ID)
Universitas Padjadjaran
Openalex Percentile: Top 26%
Microplastics and Plastic Pollution
1.01
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