KEDUDUKAN HUKUM ADAT DALAM PERLINDUNGAN WILAYAH PESISIR: ANTARA PENGAKUAN DAN REALITAS

Abstract

Introduction: As living law, customary law possesses locally rooted mechanisms for governing coastal resources, such as temporary prohibitions, collective supervision, and social sanctions. Normatively, the existence of indigenous legal communities has been recognised in various laws, yet its implementation has not been fully effective.

Purpose of the Research: This study analyses the existence of customary law in the protection of coastal areas and examines the gap between normative recognition within the national legal system and the reality of its implementation in the field.

Methods of the Research: This research uses a normative legal method with statutory and conceptual approaches.

Results / Findings: Weak regulatory harmonisation, economic interests, and minimal involvement of indigenous communities are the main factors behind the suboptimal protection of coastal areas based on customary law. Strengthened regulation and legal-political commitment are required to ensure customary law plays a real role in achieving sustainable coastal management.