Report: UNCRI Media Center Team
Translated (Indonesian-English)
by Leni Marlina, Editor of suaraanaknegerinews.com
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Manokwari, 21 November 2025 — The Rector of Universitas Caritas Indonesia (UNCRI) Manokwari, Prof. Dr. Roberth Kurniawan Ruslak Hammar, S.H., M.Hum., M.M., CLA, emphasized that living law, the body of norms that genuinely operates within communities—must be formally acknowledged in the new Criminal Procedure Code (KUHAP). This recognition, he stated, is essential for building a national legal system that is more inclusive, contextual, and reflective of Indonesia’s social realities.
According to Prof. Roberth, acknowledging living law is not a mere political gesture, but a constitutional affirmation of local norms that have governed communities for generations.
“The new KUHAP opens a space for harmonization between state law and the people’s law. Living law is not simply a social compromise—it is a constitutional recognition of local wisdom as a legitimate source of law,” he said in UNCRI’s official release.
He noted that many Indigenous communities—particularly in Papua, Maluku, Kalimantan, and other regions—live under customary norms that command deep respect and often carry more authority than state law.
“For Indigenous communities in Papua, Maluku, Kalimantan, and elsewhere, customary law is often more binding than national law. The state can no longer turn a blind eye to this reality,” Prof. Roberth asserted.
Despite his strong support, Prof. Roberth also highlighted significant challenges in implementing this new framework. Clear parameters must be established regarding what qualifies as “law that lives” within a community, and verification must follow rigorous academic and participatory methods. He also warned of potential misuse of customary norms if the process is not managed carefully.
“This is a collective responsibility. Collaboration is needed among law-enforcement bodies, academics, customary leaders, and judicial institutions to ensure that living law is not politicized or exploited for the benefit of certain groups,” he added.
As a higher-education institution rooted in Papua, UNCRI Manokwari reaffirmed its commitment to supporting this transition through research on customary law, local legal education, and policy advocacy grounded in Indigenous justice values.
“At UNCRI, we are prepared to safeguard the development of living law, ensuring that customary institutions are not absorbed or overshadowed by national law, and that the dignity of Indigenous justice, especially as outlined in the Papua Special Autonomy Law is preserved. Through academic studies, customary law training, and justice-based policy advocacy, we will keep the voices of local communities at the center,” Prof. Roberth stated.
At the national level, the Draft KUHAP was formally passed by the Indonesian House of Representatives on 18 November 2025 and will come into force on 2 January 2026, alongside the implementation of the new Criminal Code (KUHP). This marks the beginning of a new era in Indonesia’s criminal justice system one that is more modern, responsive, and centered on the protection of human rights.
