Integrating Traditional Justice: Exploring Legal Internalization in Indonesia's Criminal Justice System

Abstract

In contemporary societies, a dichotomy exists between traditional and modern forms of justice. This duality often poses legal challenges that are overlooked in the existing legal framework. Despite the formal legal system's institutionalization, there remains an underlying tension regarding its interaction with customary courts. This study delves into the process of internalizing societal legal norms into the Indonesian criminal justice system, focusing on the phenomenon of the Hybrid Justice System.

Utilizing a normative juridical research method, this study draws upon existing literature and secondary materials to analyze the complex interplay between formal legal structures and customary practices. The findings reveal the Hybrid Justice System as an organic model of legal integration within Indonesian society, albeit one lacking in formal design. Within this system, a dualistic approach to criminal justice emerges, with the formal legal system operating under the principle of legality, while customary law continues to function as a dynamic force rooted in societal norms.

By shedding light on the Hybrid Justice System, this research contributes to a deeper understanding of legal pluralism and the evolving nature of justice in Indonesia. It underscores the importance of acknowledging and integrating traditional legal norms within the formal legal framework to foster a more inclusive and effective criminal justice system.