Research Article
Legal Transplants in Indonesia: Bridging Tradition and Modernity
Ratno Lukito*
Issue:
Volume 14, Issue 2, April 2025
Pages:
60-77
Received:
28 January 2025
Accepted:
20 February 2025
Published:
6 March 2025
DOI:
10.11648/j.ss.20251402.11
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Abstract: Legal transplants, the adoption of foreign legal principles into a domestic legal system, have significantly influenced Indonesia’s legal development. As a country characterized by legal pluralism—comprising state law, customary law (adat), and Islamic law—Indonesia has historically relied on legal transplants to modernize its legal system, bridge legal gaps, and harmonize conflicting traditions. This study examines key cases of legal transplantation in Indonesia, including the adoption of anti-money laundering laws based on FATF recommendations, the integration of constitutional injury principles into the Constitutional Court’s procedural norms, and the application of the proportionality principle in judicial review. Furthermore, the incorporation of Islamic family law through the Compilation of Islamic Law, the regulation of endowments under Law No. 41 of 2004, and the development of Shariah economics through KHES illustrate how traditional Islamic concepts have been adapted to align with modern legal frameworks. While some legal transplants involve direct adoption with minimal changes, others require modifications to fit Indonesia’s socio-cultural and legal context. Despite challenges such as potential conflicts with local traditions and legal inconsistencies, legal transplants remain essential for Indonesia’s legal evolution. By carefully integrating foreign legal norms while preserving local values, Indonesia can continue to strengthen its legal system to meet the needs of its diverse and dynamic society.
Abstract: Legal transplants, the adoption of foreign legal principles into a domestic legal system, have significantly influenced Indonesia’s legal development. As a country characterized by legal pluralism—comprising state law, customary law (adat), and Islamic law—Indonesia has historically relied on legal transplants to modernize its legal system, bridge ...
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