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  Looking at Customary Institutions within the Framework of Living Law: A Conceptual Analysis

  Ardhes Blandhivay Leuanan¹

  ¹ Program Study of Law, Faculty of Law, Padjadjaran University

  21-05-2026

  DOI not yet available

  Published Online: 21 May 2026

  

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  page 28-37

  Abstract

  Introduction: The recognition of village customary institutions in Indonesia has undergone a fundamental transformation following the enactment of Government Regulation No. 55 of 2025. For decades, these institutions functioned merely as symbolic cultural ornaments without substantive juridical authority within the national legal architecture, despite their constitutional recognition under Article 18B paragraph (2) of the 1945 Constitution. This study examines the paradigm shift positioning village customary institutions as active legal subjects empowered to handle customary criminal offenses through the doctrine of living law embodied in Article 2 of Indonesia's new Criminal Code. The research aims to analyze how regulatory provisions transform the legal status, duties, and authority of these institutions from rhetorical recognition into functional recognition with legally binding force.

  Method: The research employs a qualitative method with a normative legal approach, combining statutory, conceptual, and historical analysis. Primary legal materials, particularly Government Regulation No. 55 of 2025, are synthesized with secondary materials including scholarly works on living law theory by Eugen Ehrlich and recognition theory by Axel Honneth. Systematic document review and literature analysis serve as data collection techniques.

  Results: The findings reveal a substantial upward shift across four institutional dimensions: legitimacy increased from 30 to 95, criminal jurisdiction from 10 to 85, judicial capacity from 20 to 90, and fiscal autonomy from 40 to 75. 

  Conclusions: Village customary institutions now possess authority to conduct deliberations involving the civil service police unit, with decisions enforceable through district court rulings, while codification through regional regulations functions as a constitutional filter ensuring alignment with Pancasila and human rights.

  APA Citation Style

  Leuanan, A. B. (2026). Looking at Customary Institutions within the Framework of Living Law: A Conceptual Analysis. CITA HUMANITY: Journal of Social Humanities and Community Development, 28-37. https://journal.citacendekia.com/humanity/article/view/13

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