Creating Synergy between Restorative Customary Law Values and the Retributive National Legal System

Universitas Jenderal Soedirman, Purwokerto, Indonesia

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Abstract

Indonesia, as a pluralistic country, has two legal systems that operate side by side: customary law and national law. Customary law, which is restorative in nature, grows from local values and traditions, emphasizing deliberation, restoration, and social harmony. On the other hand, national law, which is retributive in nature, emphasizes legal certainty, strict sanctions, and the protection of individual rights. The objective of this study is to analyze the differences in the characteristics of customary law and national law and to examine the opportunities and mechanisms for creating synergy between the two. This study employs a normative legal method based on literature review to obtain secondary data and legal materials categorized according to specific criteria. Constitutional recognition of customary law communities and the application of restorative justice principles in several regulations indicate opportunities for the formalization of customary law within the national legal framework. The results of the study indicate that synergy between customary law and national law can be achieved through formal recognition, the adaptation of customary law principles within the judicial system, and a contextual and participatory approach. This synergy is important for creating a legal system that is not only legalistic but also reflects the social and cultural values of Indonesian society. Proper integration will strengthen the legitimacy of the law, enhance the effectiveness of conflict resolution, and maintain social harmony amid the challenges of modernization.