REVISITING SUSTAINABLE LAW WITHIN LEGAL PLURALISM: A NORMATIVE ANALYSIS OF THE RECOGNITION OF CUSTOMARY LAW IN JAYAPURA

Abstract

The objective of this study is to analyze the concept of sustainable law within the framework of legal pluralism and to examine the normative recognition of customary law, particularly in Jayapura. This research employs a normative juridical method, utilizing a statutory approach, a conceptual legal analysis, and a historical approach. The data sources are derived from library research. The findings indicate that although customary law has been formally recognized, its implementation is often constrained by the dominance of a hierarchical state legal system. This condition has led to the marginalization of customary law and the weakening of the role of indigenous communities in the management of natural resources. Indigenous communities, which possess social legitimacy over their territories, frequently lose their rights when confronted with state policies grounded in formal law. Moreover, although the Special Autonomy Law for Papua provides a framework for the protection of indigenous communities, its implementation remains suboptimal and tends to be formalistic in nature. Thus, it can be concluded that the integration of customary law into the national legal system is not only essential from the perspective of social justice, but also as a strategic approach to ensuring environmental sustainability. Furthermore, the normative regulation concerning the recognition of customary law in Indonesia, particularly in Jayapura, continues to face fundamental structural and conceptual challenges.