The Struggle for Recognition: Adat Law Trajectories under Indonesian Politics of Legal Unification

Abstract

Abstract This article examines the trajectories of adat law in Indonesia by looking at the extent to which legal pluralism has been constitutionalized. This article argues that the formation of the 1945 Constitution, which was driven by the political motivation of legal unification, did not produce inclusive constitutional provisions recognizing the jurisdiction of adat law and enabled practice of legal centralism during authoritarian regimes of Soekarno (1959–1966) and Soeharto (1967–1998). Although post-New Order democratization and decentralization offered political opportunities for indigenous peoples’ movements to promote legal pluralism and reconcile their marginalized traditional rights, Indonesia has made little progress as the conditional recognition approach adopted through constitutional amendments poses significant obstacles for legitimizing adat law norms as part of the plurilegal order. This article offers historical interpretation to the status, position and legal consequences of adat law in Indonesian legal system from its independence until the beginning of reformasi era.