Obstacles and Solutions in Upholding Customary Law in Indonesia: R. Soepomo's Perspective

Abstract

"Obstacles and Solutions in Upholding Customary Law in Indonesia: R. Soepomo’s Perspective" described the long journey of customary law in Indonesia as an inseparable part of the culture and traditions of the local people. However, in recent years, customary law enforcement faced various obstacles that hinder its implementation. Indigenous law is not only an important tool in maintaining cultural sustainability and the rights of indigenous peoples, but also played an important role in protecting cultural diversity and the preservation of natural resources. One of the key figures who haved an important view of customary law in Indonesia is R. Soepomo, a nationalist figure, scholar, national hero, father of the constitution, figure who drafted the 1945 Constitution and the 1950 Constitution and the first professor of customary law in Indonesia. He understands the importance of customary law in harmonising the national legal system with local values. This research aims to identified and analysed the main obstacles in customary law enforcement in Indonesia, as well as presented solutions in overcoming existing challenges using the R. Soepomo perspective. Soepomo as a theoretical basis. These barriers include pluralistic elements of society, cultural diversity, government policies, the role of customary law enforcement, the conflict between customary law and positive law, and human rights that together affected the recognition, protection, and enforcement of customary law. Through this research the author wanted to clearly described how R. Soepomo views. Soepomo about the challenges in enforcing customary law in Indonesia, as well as the solutions he provided, which can still be applied today by going through several adjustments, such as harmonisation of customary law.