- Research Article
- 10.47268/sasi.v32i1.3493
- Mar 24, 2026
- SASI
- Fakhry Amin + 1 more
Introduction: Constitutional ethics reflect the moral dimension that guides the administration of the state based on the cultural and historical values of the nation. Every country in the global context has a root value that shapes the character of its constitution. Indonesia and Russia are interesting examples because they both place local ethics, culture, and traditions as the basis for constitutional legitimacy.Purposes of the Research: This research aims to analyze and compare how customary and cultural values affect the formation and implementation of constitutional ethics in Indonesia and Russia. Through this study, it is hoped that a deeper understanding of the relationship between culture, ethics, and the constitution as the main pillars of morality in modern governance can be found.Methods of the Research: The research method used is qualitative and comparative with normative and socio-cultural approaches. Data was obtained through literature studies of constitutional documents, legal texts, and the results of previous research. The analysis was carried out in a descriptive-comparative manner to explore the similarities and differences between the two legal systems in internalizing customary-based ethical values into constitutional principles and state practices.Results of the Research: The findings show that both Indonesia and Russia have strong constitutional ethics rooted in the traditions of their people. Indonesia emphasizes social harmony, mutual cooperation, and social justice based on Pancasila, while Russia emphasizes the values of loyalty, national solidarity, and spirituality. Although they differ in their source of value, they show that the constitution is not just a legal document, but a reflection of the nation's moral and cultural identity that strengthens the state's legitimacy and social integrity.
- Research Article
- 10.47268/sasi.v32i1.3425
- Mar 24, 2026
- SASI
- Miftah Arifin + 4 more
Introduction: Economic globalization has strengthened foreign investment flows in developing countries such as Indonesia and Vietnam. However, investment policy orientations that overemphasize economic efficiency often ignore social justice for local communities. This inequality raises the need to revisit the legal framework that governs the relationship between foreign investors and the recipient community. Customary law is seen as a source of values and moral principles that can strengthen social legitimacy in the practice of foreign direct investment (FDI).Purposes of the Research: This study aims to analyze how customary law can play a role in restoring social justice through the implementation of corporate social responsibility (CSR) and performance requirements in foreign investment, by comparing the legal frameworks of Indonesia and Vietnam, this study seeks to find a model of customary law integration that is able to balance economic interests with the social and cultural values of local communities.Methods of the Research: This study uses a normative-comparative legal approach by analyzing laws and regulations, policy documents, and CSR implementation practices in Indonesia and Vietnam. Data was collected through literature studies and content analysis of various primary and secondary legal sources. A comparative approach is used to identify similarities and differences in the application of customary law as the basis for foreign investment policies in both countries.Results of the Research: The results of the study show that Indonesia has adopted customary law principles, such as mutual cooperation and social justice, within the legal framework of CSR and investment performance requirements. In contrast, Vietnam still emphasizes socialist state policies without explicit recognition of local customary law values. The integration of customary law has been proven to strengthen the social legitimacy and sustainability of investments, as it fosters corporate social responsibility that is in line with community values and promotes more equitable and inclusive development.
- Research Article
- 10.47268/sasi.v32i1.3467
- Mar 24, 2026
- SASI
- Muhammad Ali Adnan + 2 more
Introduction: This study examines the role of customary law as an instrument for equitable spatial planning in preventing socio-economic bankruptcy and enhancing the welfare of indigenous communities in Indonesia. As a living and dynamic legal system, customary law embodies values of ecological balance, deliberation, and restrictions on land conversion without community consent. However, in practice, many regional spatial planning policies have failed to integrate customary norms, resulting in spatial conflicts and social disintegration.Purposes of the Research: The research aims to analyze how customary law can serve as both a normative and practical foundation for equitable spatial planning, and how integrating local values can prevent social bankruptcy while strengthening the welfare of indigenous peoples.Methods of the Research: This study employs a normative-juridical approach combined with socio-legal analysis to examine the interaction between statutory law and customary practices in spatial management, supported by case studies of customary land conflicts in Salang Tungir Village (Deli Serdang Regency) and Aras Napal Village (Langkat Regency).Results of the Research: Findings indicate that neglecting customary law norms in spatial planning leads to the loss of community access to productive spaces, weakens local economies, and triggers social conflicts. Conversely, applying customary law in spatial planning—through recognition of customary rights, consent mechanisms, and active community participation—fosters spatial justice and enhances community welfare. This study introduces the concept of “customary law-based spatial planning,” which integrates local values with principles of social and ecological justice in national spatial planning policies, offering a framework for more inclusive and sustainable development.
- Research Article
- 10.47268/sasi.v32i1.3483
- Mar 24, 2026
- SASI
- Mahmuda Pancawisma Febriharini + 2 more
Introduction: This study examines the interaction between customary law and national labor regulations in Indonesia and Algeria through the lens of legal pluralism. The research is motivated by the persistent coexistence of formal state law and traditional practices in shaping employment relations, which is particularly evident in societies with strong communal and religious traditions. Both Indonesia and Algeria represent cases where historical legacies of colonialism, post-independence political choices, and enduring social structures have produced distinctive forms of legal pluralism in labor relations.Purposes of the Research: The purpose of this research is to compare how legal pluralism operates in the two countries to regulate employment relations, resolve labor disputes, and accommodate customary norms within national frameworks.Methods of the Research: This study applies a normative legal research method with a comparative legal approach. Primary data sources include statutory regulations such as the Indonesian Labour Law Number 13 of 2003 (as amended by the Job Creation Law 2020 and Law Number 6 of 2023) and the Algerian Labour Code (Law Number 90-11/1990), while secondary data are drawn from academic literature, case studies, and reports from international institutions like the ILO. Data were analyzed using a descriptive-comparative technique to identify similarities, differences, and integration patterns between customary law and national labor regulations.Results of the Research: The findings reveal that both Indonesia and Algeria institutionalize pluralism by formally recognizing certain customary practices, such as oral employment agreements in Algeria and community-based contractual practices in Indonesia. This novelty lies in demonstrating how pluralism is not merely a social phenomenon but also a legally recognized mechanism for regulating labor relations and dispute resolution. This study advances existing knowledge by showing that legal pluralism provides a flexible and context-sensitive framework for labor law, balancing global standards with local legitimacy.
- Research Article
- 10.47268/sasi.v31i4.3379
- Dec 31, 2025
- SASI
- Sostones Yakobis Sisinaru + 2 more
Introduction: Research on communal conflict in Maluku has received little attention from researchers in the fields of law and social sciences.Purposes of the Research: This study was conducted to understand communal conflict in Maluku and the role of the police in managing it.Methods of the Research: This study used a qualitative approach, with narrative analysis used for data analysis.Results of the Research: Village boundary disputes and interpersonal conflicts remain the dominant factors influencing the emergence of communal conflict within society. Law enforcement agencies, particularly the police, are considered not yet optimal in implementing anticipatory and preventive measures to address the potential escalation of communal conflict. Furthermore, the police intelligence function is viewed as not fully effective in conducting early detection of social frictions and emerging conflict potentials within the community. Communal conflicts have the potential to generate prolonged collective resentment, thereby increasing societal vulnerability to provocation and involvement in communal violence against individuals or groups with whom they have previously been in conflict. In the context of handling customary territorial boundary disputes between the Sawai and Huaulu communities, the police, in collaboration with judicial institutions, have undertaken legal resolution efforts in accordance with applicable procedures and statutory regulations. Nevertheless, segments of the community who perceive themselves as disadvantaged by the legal decisions have not been able to fully accept the outcomes of those rulings. Therefore, the police and other law enforcement institutions need to intensify legal outreach and public legal awareness education, particularly among conflict-prone indigenous communities, regarding disputes over territorial boundaries or customary land.
- Research Article
- 10.47268/sasi.v31i4.3408
- Nov 17, 2025
- SASI
- Nurhamidah Gajah + 4 more
Introduction: Mining operations in North Sumatera Province have generated both economic opportunities and socio-environmental challenges for surrounding traditional communities. The coexistence of PT. Agincourt Resources in Batangtoru and PT. Sorikmas Mining in Naga Juang has triggered land disputes, environmental degradation, and social polarization, reflecting the tension between corporate expansion and the preservation of customary (adat) values.Purposes of the Research: This study aims to map and classify sources of social conflict between mining companies and local adat communities, examine the dynamics of traditional institutions, and develop a participatory conflict resolution model that integrates local wisdom and community empowerment.Methods of the Research: Using a mixed-method design, this research combines quantitative surveys with qualitative approaches, including in-depth interviews, focus group discussions, and participant observation. Data were analyzed using parametric statistics and qualitative matrix analysis to identify socio-cultural dynamics, conflict patterns, and the institutional role of adat in mediating disputes.Results of the Research: The findings show that mining activities have disrupted social cohesion and traditional governance structures, particularly regarding ulayat (customary) land rights. Nonetheless, the study introduces a Traditional Community Participation Model emphasizing adat leaders as mediators in conflict resolution. This model reinforces social capital, restores trust, and enhances collaboration between companies, communities, and government institutions. The research offers a novel integrative framework linking customary institutions with sustainable conflict management and responsible mining governance in Indonesia.
- Research Article
- 10.47268/sasi.v31i4.3270
- Nov 12, 2025
- SASI
- Lilian Gressthy Florencya Apituley + 2 more
Introduction: This article will outline how the application of restorative justice in the civil law system, the common law system, and the Indonesian legal system compares.Purposes of the Research: This study aims to provide a comprehensive comparison of the regulation and implementation of restorative justice across three legal systems - civil law, common law, and Indonesia’s hybrid legal system - and to identify best practices and challenges that can inform the development of restorative justice in diverse legal contexts.Methods of the Research: The study uses a normative legal method, combining a legal concept approach to examine the philosophical and ethical foundations of restorative justice with a statutory approach to analyze formal legal mechanisms. This methodology links legal theory with practice while highlighting the integration of normative principles within Indonesia’s socio-cultural context, including Pancasila and customary law.Results of the Research: This study compares restorative justice implementation in civil law, common law, and Indonesia’s legal system. Civil law is rigid and procedural, while common law allows flexible mechanisms such as victim–offender mediation. In Indonesia, despite Supreme Court Rule Number 1 of 2024, challenges include limited understanding among law enforcement, inconsistent application, and insufficient institutional support. Strengthening implementation requires harmonized regulations, professional training, community-based mechanisms rooted in local wisdom and customary law, and public awareness. Indonesia’s model highlights a transformative approach that integrates restorative principles with national values of humanity, justice, and social harmony.
- Research Article
- 10.47268/sasi.v31i4.3282
- Nov 12, 2025
- SASI
- Ifahda Pratama Hapsari + 3 more
Introduction: This study examines the reformulation of the provisions of Article 70 of Law Number 11 of 2012 concerning Juvenile Criminal Justice through the perspective of the concept of judicial pardon in order to ensure the protection of children's fundamental rights.Purposes of the Research: The research focuses on an in-depth analysis of the concept of rechterlijk pardon as a legal instrument in handling cases of children in conflict with the law.Methods of the Research: The research was conducted using a normative juridical method through a comparative study of the legal systems of Indonesia and the Netherlands.Results of the Research: The research findings indicate that the application of judicial pardon as regulated in Article 70 contains substantial weaknesses, particularly related to the ambiguity of the parameters of "mildness of the act" and "personal circumstances of the child" which have the potential to cause disparities in judicial practice. Normative reconstruction of these provisions is a necessity in order to ensure legal certainty and optimize protection for children in conflict with the law.
- Research Article
- 10.47268/sasi.v31i4.3365
- Nov 12, 2025
- SASI
- Hamzah Fansuri + 5 more
Introduction: The kinship system in the Dayak Indramayu community plays an important role in determining the pattern of inheritance distribution. Unlike the patrilineal or matrilineal systems, which emphasize a single line of descent, the Dayak Indramayu community adheres to a bilateral kinship system that allows inheritance rights to be obtained from both the father and mother.Purposes of the Research: This study aims to analyze how the bilateral kinship system influences the pattern of inheritance distribution in the Dayak Indramayu community, emphasizing aspects of gender equality, recognition of adopted children, and its implications for social justice within the framework of customary law and national law.Methods of the Research: This study uses a qualitative-descriptive method with a socio-cultural legal approach. Data was collected through field observations, semi-structured interviews with traditional leaders and community members, and documentation studies. Data analysis was conducted using Miles and Huberman's interactive model, supplemented with normative-legal interpretations to understand the relationship between traditional norms, social values, and positive law.Results of the Research: The study found that the bilateral kinship system of the Dayak Indramayu produces a relatively egalitarian inheritance pattern by granting equal rights to both sons and daughters. However, there are still weaknesses in guaranteeing the rights of adopted children and the potential for conflict due to differences in interpretation between subgroups. The originality of this research lies in its recommendation to reformulate customary law to be more adaptive to contemporary principles of social justice and in line with the national legal framework.
- Research Article
- 10.47268/sasi.v31i4.3394
- Oct 25, 2025
- SASI
- Raodiah Raodiah + 3 more
Introduction: The treatment of children as perpetrators of criminal acts has become a significant issue in the development of modern law, particularly with regard to the protection of children’s rights and the integration of local values. Indonesia and the Philippines, as countries with different legal traditions, present an important dynamic for study.Purposes of the Research: The purpose of this research is to analyze the differences in the legal politics of Indonesia and the Philippines in addressing juvenile offenders, focusing on the implementation of diversion in Indonesia and the juvenile justice system in the Philippines, while also examining the integration of customary or community-based mechanisms and the protection of children’s rights in both jurisdictions.Methods of the Research: This study employs normative legal research with comparative and conceptual approaches. Data were collected through literature review of statutory provisions, academic doctrines, scholarly literature, and relevant international instruments on children’s rights. The analysis was conducted qualitatively and descriptively to compare norms, practices, and the implications of legal politics in both countries.Results of the Research: The findings of this study demonstrate that the legal politics of both countries, through the integration of customary law and the protection of children’s rights, serve as a fundamental basis for the normative framework in addressing children as perpetrators of criminal acts. In Indonesia, customary law is implicitly integrated through the mechanism of diversion as regulated in Laws of the Juvenile Criminal Justice System. In contrast, in the Philippines, customary or community-based law is explicitly integrated by involving the barangay tanod in handling juvenile offenders during the diversion process under the Juvenile Justice and Welfare Act of 2006 (RA 9344). These findings contribute to advancing Indonesia’s legal policy toward a more humane, inclusive, and internationally aligned juvenile justice system.