The Existence and Integration of Customary Courts within the Framework of Indonesia's National Criminal Law

The integration of customary criminal law into Indonesia’s national legal system poses a significant challenge. Although Indigenous law communities and their traditional rights are constitutionally recognized, customary courts have yet to be fully acknowledged within the country’s formal judicial system. This study aims to examine the existence of customary courts in the national criminal justice system and explore the integration of customary criminal law into the criminal justice system following the enactment of the new Criminal Code (KUHP). Employing a normative juridical doctrinal research approach, this study analyzes relevant legal norms based on legal theories to understand the substance of the new KUHP. The theory of living law serves as a framework for philosophically and sociologically explaining customary criminal law, the institutionalization of customary courts, and their integration into the national legal framework. The findings of this research reveal that although customary criminal law is an integral part of Indonesia’s legal system, even being the country’s original law, its enforcement has been transferred to state courts, with judges being obliged to explore the living law within society. The promulgation of the new KUHP in 2023 provides space for customary criminal law, reflecting the notion of balance in legal reform. However, challenges remain in aligning customary courts with the state’s formal judicial system, particularly in preventing double punishment between customary and state sanctions. This study highlights that criminal law system reform must go beyond mere text and require a comprehensive and balanced approach. With the accommodation of customary criminal law as an integral part of Indonesia’s legal system in the new KUHP, it is necessary to develop guidelines and enhance the capacity of law enforcement officers to understand and apply customary criminal law in accordance with Pancasila, the 1945 Constitution, and the principles of human rights. Thus, future criminal law enforcement is expected to provide a sense of justice that is rooted in the nation’s identity and values.