Dinamika Penalaran Hukum Dalam Sistem Peradilan Plural

Legal reasoning in Indonesia takes place not only within the framework of the legal-positivistic state legal system, but also within the customary legal systems that thrive and develop within local communities. This situation creates a pluralistic legal configuration, where two or more legal systems operate side by side, but not always harmoniously. This paper examines the characteristics of legal reasoning in the state and customary justice systems, as well as the various challenges to harmonizing them. It finds that state justice tends to prioritize legal certainty and procedural rationality, while customary justice prioritizes restorative, contextual, and communal-value-based justice. Epistemological inequalities, state dominance, and minimal institutional support are the main obstacles to recognizing customary legal systems. Nevertheless, there are positive prospects through hybrid approaches, regulatory reform, digital innovation, and strengthening the capacity of customary communities. Recognition of customary justice systems is not only crucial for expanding access to justice but also serves as a concrete step toward building a national legal system that is inclusive, democratic, and in line with Indonesia's social realities.

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Publication Details

Journal
Law and Humanity
Published
2025-09-13
DOI
https://doi.org/10.37504/lh.v3i2.738
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Dinamika Penalaran Hukum Dalam Sistem Peradilan Plural

Roynald Donna Febrianto, Erry Meta
Law and Humanity
Legal Studies and Policies
article

Dinamika Penalaran Hukum Dalam Sistem Peradilan Plural

Roynald Donna Febrianto, Erry Meta
article en

Abstract

Legal reasoning in Indonesia takes place not only within the framework of the legal-positivistic state legal system, but also within the customary legal systems that thrive and develop within local communities. This situation creates a pluralistic legal configuration, where two or more legal systems operate side by side, but not always harmoniously. This paper examines the characteristics of legal reasoning in the state and customary justice systems, as well as the various challenges to harmonizing them. It finds that state justice tends to prioritize legal certainty and procedural rationality, while customary justice prioritizes restorative, contextual, and communal-value-based justice. Epistemological inequalities, state dominance, and minimal institutional support are the main obstacles to recognizing customary legal systems. Nevertheless, there are positive prospects through hybrid approaches, regulatory reform, digital innovation, and strengthening the capacity of customary communities. Recognition of customary justice systems is not only crucial for expanding access to justice but also serves as a concrete step toward building a national legal system that is inclusive, democratic, and in line with Indonesia's social realities.

Law and HumanityVol. 3(2)
Universitas Wijaya Putra (ID), Universitas Wijaya Kusuma Surabaya (ID)
Openalex Percentile: Top 61%
Legal Studies and Policies
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Dinamika Penalaran Hukum Dalam Sistem Peradilan Plural — Roynald Donna Febrianto, Erry Meta · Law and Humanity (2025) | TGRS Research Map | TGRS