Is Customary Law Relevant Today?
Author: H. Dudung Badrun, S.H., M.H.
(Advocate)
The norms described by Van Vollen Hoven, in the era of independent villages, are based on four norms:
1. Religious Norms
2. Customary Norms
3. Moral Norms, and
4. Legal Norms
The customary village described in Law No. 14 of 2014 is defined as the Zelfbesturende landschappen and Vollksgmeenschappen, as defined in the elucidation of Article 18 of the 1945 Constitution before its amendment, namely, Zelfbesturende landschappen and Vollksgmeenschappen, such as villages in Java and Bali, nagari in Minangkabau, and hamlets and clans in Palembang.
These four norms applied harmoniously in villages, nagari, hamlets, and clans before independence. In that era, there was no corruption, collusion, and nepotism (KKN), or conflict between villagers, nagari, hamlets, and clans.
The solution to transforming a General Village into a Customary Village, as stipulated in Law No. 6 of 2014 concerning Villages, is that the Kuwu (Village Leader) is elected by traditional community leaders and representatives.
Article 103 of Law No. 6 of 2014 stipulates that the authority of a customary village includes:
1. Regulating and implementing the governance of indigenous structures;
2. Regulating and managing customary land or customary territories;
3. Preserving the socio-cultural values of the customary village;
4. Resolving customary disputes based on customary law applicable within the customary village within the area, in accordance with human rights principles, prioritizing resolution through deliberation;
5. Holding customary village court settlement hearings in accordance with statutory provisions;
6. Maintaining peace and order within the customary law community applicable within the customary village; and
7. Developing customary law in accordance with the socio-cultural conditions of the customary village community.
If Traditional Villages were revived like the pre-independence era, mutual cooperation, camaraderie, and mutual care and protection among villagers would undoubtedly prevail, bringing about the prosperity, order, security, and peace envisioned by the late Abah Haji Irsyad Badjuri, a normal era.
The current Village Head (Kuwu) elections, modeled after the Revolution and Liberal Democracy, lead to ongoing conflict between villagers until the next Village Head Election, even creating new poverty and the proliferation of gambling practices, yet law enforcement officials are powerless to take action.
Furthermore, they foster a culture of corruption, collusion, and nepotism (KKN) among the Kuwu and their officials. Kiai (Islamic clerics) can change; those initially opposed to clubbing and milk slime can become friendly with and addicted to them after being elected.**
Note: Observations from the village itself; unfortunately, this may not be the case in other villages.
Jakarta, October 10, 2025
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