{PRESS RELEASE] Plenary Session 1 The 5th ICIR

Living laws in the new Penal Code: Recognition or Restriction of Adat Communities

The codification of customary law in regional regulations is deemed complex, given the diverse interpretations of “living law” in the Penal Code. Doubts exist regarding the creation of living laws at the regional regulation level, considering the potential criminalization of indigenous communities, their heterogeneity, and the need for a reconsideration of Article 2 related to customary law. If living laws persist, there is a suggestion to consider their implementation within the framework of decolonization, emphasizing formal legalization that respects diversity and restores autonomy to the community.

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