Integration of Customary Law and Restorative Justice in the Resolution of Criminal Offenses within Indigenous Communities

Abstract

Customary law plays a crucial role in the social order of Indonesian society by maintaining social harmony within specific communities or groups. The dynamics and evolution of community life influence the development of customary criminal law. This study aims to examine in depth the role of customary law in supporting restorative justice processes for resolving criminal cases within indigenous communities. Specifically, the research seeks to understand the regulatory framework for restorative justice in these communities and to analyze the role of customary law in its implementation. Adopting a normative legal research methodology, the study employs both conceptual and statutory approaches. The findings indicate that first, the regulation of restorative justice for resolving cases in indigenous communities rests on a robust legal foundation-both constitutionally and within statutory law. Constitutionally, the recognition of the existence and rights of indigenous legal communities is affirmed in Article 18B , paragraph (2) of the 1945 Constitution of the Republic of Indonesia, as well as in Law Number 1 of 2023 concerning the Criminal Code. Second, customary law plays a strategic role in implementing restorative justice within indigenous communities, supporting a case-resolution mechanism oriented toward restoration rather than merely imposing sanctions on the offender. Consequently, customary law functions not only as a norm governing community behavior but also as a conflict-resolution instrument possessing preventive, repressive, and restorative dimensions.