THE EXISTENCE OF CUSTOMARY LAW: THE HISTORY OF INDONESIAN LAW IN THE PRE-COLONIAL PERIOD

Abstract

Customary law forms a fundamental basis of Indonesia’s legal system, rooted in the social, cultural, and spiritual values of the archipelago’s communities. During the pre-colonial period, customary law functioned not only as a set of legal norms but also as a moral guide and governance system within local societies. This paper explores the existence of customary law in pre-colonial Indonesia by examining social structures, principles of justice, and dispute resolution mechanisms across different regions. Using a historical approach and qualitative analysis of classical sources, the study reveals that customary law embodies harmony among humans, nature, and transcendent forces. The findings affirm that customary law remains a core element of Indonesia’s legal identity, preserving its relevance amid modernization and legal pluralism.