Seeking certainty in uncertainty: integrating living law into indonesia's criminal code to harmonize legal pluralism and indigenous justice

This journal examines the transformative implications of integrating Living Law into Indonesia's new criminal code within the context of the nation's pluralistic legal framework, encompassing both statutory law and dynamic indigenous legal traditions. The study identifies significant challenges in harmonizing these systems, particularly due to the absence of a comprehensive regulatory framework governing indigenous justice. To address this issue, the establishment of Adat Courts is proposed as a strategic mechanism to preserve and enforce indigenous values without necessitating their formal codification. Employing a qualitative methodology grounded in legal philosophy and regulatory analysis, the research highlights the urgent need to resolve normative conflicts that hinder the effective implementation of Living Law. The findings underscore that Adat Courts serve as a pragmatic and culturally sensitive solution, ensuring the preservation of Indonesia's legal diversity while maintaining the integrity of the national legal order. In conclusion, the integration of Living Law into Indonesia's criminal code signifies a critical juncture in the evolution of the country's legal system. The proposed Adat Courts represent an innovative and harmonious approach to safeguarding indigenous legal principles, fostering cultural authenticity, and mitigating systemic conflicts within the broader framework of legal pluralism.