HUKUM PIDANA ADAT DI TENGAH MODERNISASI : RELEVANSI, TANTANGAN, DAN INTEGRASI DALAM SISTEM NASIONAL

Abstract

Customary criminal law is a cultural heritage of the Indonesian nation, living and developing from the values ​​and traditions of indigenous communities. As an unwritten legal system, customary criminal law has a unique character that emphasizes social balance, deliberation, and the restoration of relations between citizens. However, in the era of modernization and globalization, its existence faces various challenges, primarily due to the dominance of formal, rational, and uniform national laws. This article aims to analyze the relevance of customary criminal law in modern society, identify challenges in its implementation, and explore the potential for its integration with the national criminal law system. Using a juridical-normative approach and qualitative analysis of legal literature, legislation, and customary legal practices in various regions, this study finds that customary criminal law still has significant relevance in building a legal system that is socially just and rooted in local values. However, its integration into the national legal system requires caution to avoid eliminating the essence and flexibility of customary law itself. Efforts to harmonize customary law and national law need to be carried out through strengthening the legitimacy of customary law, dialogue between legal institutions, and adjusting customary law principles to human rights standards and national interests