The Subject of Customary Law and the Relevance of Customary Law in the Indonesian Legal System

Abstract

Customary law is a legal system that emerges from local wisdom and evolves within Indonesian society, reflecting distinctive cultural values. The existence of customary law is recognized in the 1945 Constitution. The subjects of customary law include individuals, families, and indigenous communities, each holding specific rights, obligations, and statuses based on prevailing customary norms. However, modernization and globalization present significant challenges, including the marginalization of customary law within the national legal system and its limited adaptability to social and economic dynamics. Therefore, this study aims to examine the existence of customary law in maintaining societal harmony and the challenges faced in its application in the modern era. This research employs a normative approach with qualitative analysis based on literature reviews and relevant case studies. The findings indicate that customary law possesses high flexibility in adapting to societal dynamics, despite facing challenges from the influence of positive law and globalization. Keywords: Customary Law, National Legal System, Modernization, Legal Adaptation, Indigenous Communities.