Reciprocal Interaction Between the Nusantara Customary Law System and International Law
Keywords:
National Law, international law, maritime law, ratificationAbstract
Talking about national law is certainly inseparable from the contribution of legal systems and traditions that have developed before. From the beginning, the founding fathers agreed on a recognition of the legal system that had lived before in society. This is answered in the provisions of the Explanatory Article 18 of the Constitution which was later re-adopted in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Not only that, this paper also discusses the archipelago's legal system which has more or less contributed to international law, especially international maritime law. In conducting this research, the author uses doctrinal law research by studying literature that is strengthened by normative legal rules such as laws and provisions that have existed in society for a long time. In this paper, a fact is found that it turns out that in the formation of national law in some ways it is influenced by international law that has been ratified. However, it is undeniable that there is also a contribution to national law and the indigenous law of the archipelago that affects international law.
References
Legislation
Indonesia. Constitution of the Republic of Indonesia in 1945. LN in 1945.
Indonesia. Law on Judicial Power. Law No. 14 of 1970. LN in 1970.
Ministry of State Secretariat. The Minutes of the Sessions of the Indonesian Independence Preparatory Business Investigation Agency (BPUPKI) dated May 29–July 16, 1945 and the Indonesian Independence Preparatory Committee (PPKI) on August 18 and 19, 1945 related to the Drafting of the 1945 Constitution. Jakarta: Ministry of State Secretariat, 2010.
Books
Ginsburg, Tom. Judicial Review in New Democracies: Constitutional Courts in Asian Cases. Cambridge: Cambridge University Press, 2003.
Indrati, Maria Farida. Legislative Science 1: Types, Functions, and Content Materials. Ces. 10. Yogyakarta: Kanisius, 2019.
Kusumaatmadja, Mochtar, and Bernard Arif Sidharta. Introduction to Law: A First Introduction to the Scope of Legal Science. Bandung: Alumni, 1999.
Santoso, M. Agus. Law, Morals & Justice: A Philosophical Study. Jakarta: Kencana, 2014.
Secretariat General and Clerk of the Constitutional Court. Comprehensive Manuscript of Amendments to the Constitution of the Republic of Indonesia in 1945: Background, Process, and Results of Discussion 1999–2002. Vol. 6. Jakarta: Secretariat General and Clerk of the Constitutional Court, 2010.
Scientific Works
Aedi, Ahmad Ulil, Sakti Lazuardi, and Ditta Chandra Putri. "Architecture of the Implementation of the Omnimbus Law through the Transplantation of National Law Formation." Legal Policy Scientific Journal 14, no. 1 (2020), p. 4.
Andrew Harding, “May There Be Virtue: “New Asian Constitutionalism in Thailand, “ The Australian Journal of Asian Law 3, No. 3, (2001), Hlm. 236-260. Wine, Syahriza Alkohir. "Legal Transplantation in Asian Countries: A Comparison." Indonesia Law Reform Journal 1, no. 1 (2021) p. 19.
Diantha, I Made Pasek, Noorative Legal Research Methodology in Justification of Legal Theory, (Jakarta: Pernada Media, 2016), p. 142.
Elster, Jon, “Constitution-Making in Eastern Europe: Rebuilding The Boat in The Open Sea,” Public Administration, Vol. 71, no. 1-2 (1993), Hlm. 197-199.
Fathullah, Abdusyahid Naufal, Dinda Fuaina Rahmi, and Ninna Ghonia. "Indonesia's Role in the Implementation of International Law to Protect National Interests in
Coastal Areas: An Analysis of the Influence and Contribution of UNCLOS." PSHA: Irfan, S. M. "International Law as a Source of Law at the National Level: A Review of the Relationship Between International Law and National Law in Indonesia."
JPNM: Journal of Multidisciplinary Nusantara Literature 1, no. 3 (2023).
Karich, Jessica S. “Cultivating Legitimacy for Sustainable Human Rights Rule of Law
Reform: A Spotlight on Poland’s Successful Use of International Legal Transplants to Combat Domestic Violence.” West Virginia University, (2012).
Kornelius Benuf and Muhammad Azhar, "Methodology of Legal Research as an Instrument for Unraveling Contemporary Legal Problems," Gema Keadilan Journal 7, (2020). p. 27.
Kusumawarni, Baiq Amilia. "Legal Pluralism in the Practice of International Law Application in Indonesia: A Study of the Relationship between International Law and National Law." Unizar Recht Journal 1, no. 4 (2022). Accessed Month Day, Year.
Setiawan, Desky. Legal Transplantation of the Principle of National Treatment in the Indonesian Investment Law. Thesis. Faculty of Law, University of Indonesia, 2021.
Siregar, Roberto Carlos Veriero. "International Legal Relations and National Law." Journal of Islamic Law El Madani 4, no. 1 (2024).
Tan, David "Legal Research Methods: Exploring and Reviewing Methodology in Conducting Legal Research," Journal of Social Sciences 8, No. 8 (2021), pp. 263 278.
Paper Presented at a Conference
Brotosusilo, Agus. "Legal Culture and Free Trade: The Indonesia Experience." The paper
was presented at the International Conference on Law and Culture in Southeast
Asia, in collaboration with Hankuk University of Foreign Studies and the Faculty of Law, University of Indonesia, July 13, 2011.
Available on https://www.scribd.com/document/461535253/LEGAL-CULTURE-AND-FREETRADE-20. Retrieved September 14, 2025.
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Muhamad Fery Agung Gumelar (Author)

This work is licensed under a Creative Commons Attribution 4.0 International License.








