The Principle of Material Legality in the Criminal Code: A Paradigmatic Review of the Normativity of Adat Law in the Indonesian Legal System

Mariano Marhaen Endo Moansadok1, Erlyn Indarti2 & Aditya Yuli Sulistyawan3

https://doi.org/10.62271/pjc.16.4.575.582

Abstract
This research adopts a constructivist paradigm, emphasizing the interaction between legal norms and the values held by stakeholders. Philosophical analysis of law is employed to delve into this interaction and understand its application in the Indonesian legal context. The research findings indicate that the normativity of customary law is significantly influenced by the principle of material legality in the Criminal Code. Customary law is recognized to a certain extent within the national legal system, but tension between being more formal and customary law often exists. The constructivist paradigm helps reveal these dynamics by emphasizing the importance of dialogue and interpretation in legal application. The study concludes that customary law holds an important position within Indonesia‟s legal system despite challenges in its application. Recognition of customary law needs to be enhanced through more inclusive policies and intensified dialogue between formal and customary law. The paradigmatic analysis provides valuable contributions to understanding the complexity of customary law normativity within the Indonesian legal system.

Keywords: paradigm, principle of material legality, criminal code, adat law, normativity, and constructivism.