Eksistensi Hukum Adat Sebagai Basis Identitas Kewarganegaraan Masyarakat Adat

The Existence of Customary Law as the Basis of Citizenship Identity for Indigenous Peoples

Abstract

Based on the fact that Indonesia is a multicultural country with ethnic, cultural, and customary diversity, as recognized in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This constitutional recognition confirms that customary law is an integral part of the national legal system and plays an important role in the formation of the citizenship identity of indigenous communities. The purpose of this study is to analyze the existence of customary law as the basis for the citizenship identity of indigenous communities within the framework of the Indonesian national legal system. This research method uses normative (doctrinal) legal methods with conceptual, statutory, and historical approaches. The results of the study indicate that customary law has a dual function, namely as a system of social norms that regulate the lives of indigenous communities as well as a source of values ​​and morals that shape civic awareness. In practice, customary law becomes a cultural instrument that strengthens the sense of togetherness, solidarity, and community attachment to the state. However, the implementation of customary law still faces challenges in the form of dualism of the legal system, weak state recognition, and pressures of modernization that threaten local values. Therefore, efforts are needed to harmonize customary law and national law based on Pancasila values.