Pembaharuan Hukum Adat Sebagai Sumber Hukum Dalam Membangun Sistem Hukum Indonesia

Abstract

Customary law is one of the main sources of national law formation in Indonesia, as it reflects the values, personality, and spirit of the nation that live and thrive within society. This article discusses the existence and relevance of customary law in the context of national law development, especially amid the challenges of globalization that tend to weaken the role of customary law. This study uses a qualitative approach with a normative juridical method through a literature review. The results of the study show that customary law in Indonesia has long been an integral part of the living law system and is influenced by various religious elements such as Hinduism, Buddhism, and Islam. Three main theories that highlight the relationship between customary law and religious law, namely Receptio in Complexu, Receptio, and Receptio a Contrario, describe the dynamics of interaction between customary norms and religious norms in the formation of law in the archipelago. Although globalization poses challenges to the sustainability of customary law, a number of areas still show the strong existence of customary law, especially in the settlement of social disputes and environmental management. Constitutional recognition of customary law communities in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution reinforces the position of customary law as a source of inspiration in national law development. With the revitalization and modernization of customary law principles in line with the values of Pancasila, customary law has the potential to become the foundation for the creation of a national legal system that is fair, reflects Indonesia's identity, and is able to adapt to the times.