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Customary Law as an Ecological Mechanism: A
Literature Review of the Socio-Ecological System of
the Kajang Tribe in South Sulawesi
Suwandi
a,1
, Riska Putri
b,2
, Septian Syahnam Ardhiansyah
c,3
, Pinkan Claudia Aribowo
d4
, Nurfaizal
Rosyid
e5
a,b,c,d,e
Department of Pancasila and Citizenship Education, Faculty of Teacher Training and Education, Pamulang
University
1
wandy.idoy@gmail.com;
2
rizkaputri471@gmail.com;
3
Syahnam04@gmail.com;
4
pinkanclaudia2@gmail.com;
5
nurfaisal.r@gmail.com
*
Corresponding Author: wandy.idoy@gmail.com
INFO ARTIKEL
ABSTRACT
Article History:
Received: June 21, 2025
Revised: August 14, 2025
Approved: October 15, 2025
Available Online: November 1,
2025
Customary law is a collective value system that originates from local
wisdom and is passed down from generation to generation within
indigenous communities. This study aims to examine the role of
Ammatoa customary law in the Kajang tribe community in South
Sulawesi as an ecological mechanism based on spirituality and social
structure. Using a descriptive qualitative approach with a literature
review method, this study examines relevant scientific literature on the
structure of customary law, the values of Pasang ri Kajang, the principle
of kamase-mase, and the Patuntung belief system. The results of the
study show that Kajang customary law not only regulates social
relations but also protects the environment through customary
prohibitions, the division of sacred zones, a social sanction system
based on siri’, and collective governance led by Ammatoa. This system
reflects living law and operates effectively without state intervention.
Customary law has proven to be more adaptive and adhered to because
it is based on moral and spiritual legitimacy, not formal legal coercion.
Additionally, these findings indicate that synergy between customary
law and state law is feasible to strengthen national conservation
policies that are ecologically just. Therefore, customary law must be
substantively recognized as a partner in sustainable environmental
governance in Indonesia.
Keywords:
Customary Law
Ammatoa
Kajang Tribe
Environmental Conservation
Local Wisdom
©2025, Suwandi, Riska Putri, Septian Syahnam Ardhiansyah,
Pinkan Claudia Aribowo, Nurfaizal Rosyid
This is an open access article under CC BY-SA license
1. Introduction
Indonesia is one of the countries with the richest cultural heritage and indigenous
communities in the world. From Sabang to Merauke, thousands of indigenous communities
still exist with their unique value systems and social institutions, including in terms of
environmental management. The existence of customary law in indigenous communities plays
an important role as a regulator of social behavior and an instrument for nature conservation
(Purnomo et al., 2024). One concrete example of this success can be seen in the indigenous
community of the Kajang tribe in Bulukumba Regency, South Sulawesi. The Kajang
community particularly the Kajang Dalam (Ilalang Embayya) group lives a life closely aligned
with the principle of simplicity (kamase-mase), and all their actions are based on ancestral
heritage enshrined in customary law. In this community, the forest is considered a spiritual
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entity that must not be destroyed, as it is part of the sacred space of their lives. Therefore,
customary law serves as the primary mechanism for environmental conservation, even before
the state formally intervened (Nur, 2024).
At the center of the Kajang community's customary legal system is a traditional leader
called Ammatoa, who is both a spiritual leader and a customary chief with the highest
authority in all decision-making. Ammatoa is not only responsible for religious or belief-
related matters, but also plays a central role in establishing customary rules, including the
preservation of customary forests. In this system, prohibitions on cutting down trees in certain
areas, restrictions on clearing land indiscriminately, and limited use of water sources are
concrete examples of the implementation of ecology-based customary law (Yulika et al.,
2025). According to research (Ichwan et al., 2021), the value system known as Pasang ri
Kajang is an oral tradition that functions as a customary constitution and serves as the main
reference in regulating the relationship between the community and nature. These values are
instilled from childhood through informal education and customary rituals, thereby creating a
very high level of ecological awareness within the Kajang community.
Unlike state regulations, which are normative and positivistic in nature, the customary law
of the Kajang tribe is more spiritual and transcendental, based on the mandate of their
ancestors that has been passed down from generation to generation. This is clearly seen in the
implementation of the Kamase-mase principle, which is to live simply, honestly, and not
excessively in utilizing natural resources. This concept is not only a philosophy of life, but
also a collective moral foundation that governs the relationship between humans, nature, and
supernatural forces. In this context, the prohibition against destroying forests is not only a
social rule, but also a form of respect for the spirits of the ancestors who are believed to
inhabit the area (Sumbara, 2023). It is therefore not surprising that the Kajang community does
not have permission to clear forests, cut down trees indiscriminately, or build houses with
materials obtained from the exploitation of nature without customary consent. Adherence to
this principle has been the main foundation for the success of the Kajang community in
preserving their customary forests for hundreds of years (Muur & Bedner, 2016).
In addition to Kamase-mase, the principle of Pasang ri Kajang is also a central element in
the structure of Kajang customary law. Pasang is a collection of advice, prohibitions, and
counsel from ancestors that has been passed down orally, and functions as a customary
constitution.” The existence of Pasang reinforces the position of customary law in regulating
all aspects of life, including environmental conservation (Erawati et al., 2022). In a study
conducted by (Nurmala et al., 2022), it is mentioned that Pasang ri Kajang places more
emphasis on moral responsibility than written legal sanctions, because the Kajang community
believes that every violation will receive immediate retribution from nature or the spirits of
their ancestors. This is why the Kajang community has a very strong spiritual connection with
nature and voluntarily complies with customary rules without pressure from external
authorities. This system has proven effective in preserving the Ilalang Embayya customary
forest despite deforestation threats in other areas.
The strength of Kajang customary law lies not only in the structure and norms of the
customs themselves, but also in the process of passing on values that occurs consistently in
everyday life. The Kajang community grows up in a cultural environment that shapes
ecological awareness from an early age. Children are introduced to Pasang values through folk
tales, oral teachings, and active participation in traditional rituals. In this context, education
does not take place in formal classrooms but through social interaction and spiritual
experiences (Jalal et al., 2024). This is reinforced by the findings of (Aspan & Irwansyah,
2023), which state that the transmission of traditional values in the Ammatoa community is
carried out through informal channels that are effective in shaping collective character and
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behavior that cares for the environment. This system is very different from conventional
education, which relies on a structured curriculum, as the Kajang community places greater
emphasis on the internalization of values through social modeling.
Compliance with customary law in Kajang society is not the result of an authoritarian
system of coercion, but rather a product of deeply rooted cultural legitimacy. In Kajang
society, violating customary law means not only going against the community, but also against
the will of the ancestors and the universe. This is what distinguishes the customary legal
system from modern state law, which places greater emphasis on formal punishment.
Sanctions in Kajang customary law are more social and spiritual in nature, such as ostracism,
customary curses, or collective shame, which are often more effective in maintaining order
and environmental sustainability (Andalusia & Kansil, 2023). (Jayantiari et al., 2024) note that
the Ilalang Embayya community has a sacred bond with their forest territory, and customary
rules are absolute and non-negotiable. Values such as honesty, perseverance, and loyalty to the
rules are passed down through generations and serve as the highest moral standards in
community life.
In the context of national environmental law, indigenous communities such as the Kajang
are often overlooked in the formulation of formal policies. However, their local wisdom has
long been practicing conservation principles that are in line with the goals of sustainable
development. The Ammatoa customary law has an internal monitoring system that does not
require state apparatus because all community members monitor and remind each other. This
social control operates without coercion, as it is based on emotional and spiritual ties to the
land and ancestors (Aspan & Irwansyah, 2023). As mentioned in a study by (Megawati &
Mahdiannur, 2021), the Kajang indigenous community has protected their customary forests
for over a century without formal government regulations. However, when state intervention
occurs without understanding the existing customary structures, it often leads to conflicts and
the degradation of local values.
Another interesting fact is how Ammatoa customary law has been able to adapt to
changing times without losing its traditional essence. Although the Kajang Dalam community
rejects modern technologies such as electricity, asphalt, and motorcycles, they remain open to
intercultural communication as long as it does not interfere with their value system. This
shows that customary law is not rigid, but adaptive while maintaining its basic principles
(Afdal et al., 2022). According to (Hutabarat et al., 2024) in their book titled Indonesian
Customary Law (History and Development), one of the strengths of customary law in
Indonesia, including Kajang, lies in its ability to function as a living law system that adapts to
social dynamics without losing its identity. This adaptability is one of the reasons why
customary law remains relevant as an alternative model for community-based environmental
conservation.
Ammatoa customary law not only regulates human relations with nature, but also includes
strict rules regarding social structure, spatial planning, and even the architectural form of
houses. Every decision regarding land use, tree felling, or house construction must be
approved by the customary leader and assessed based on its conformity with the principles of
Pasang. In the Ilalang Embayya community, the customary forest area is divided into several
sacred and profane zones, each with different levels of prohibition. (Nurkhalis et al., 2018) in
their research on ecotourism management in the Ammatoa forest stated that the core zone
cannot be entered indiscriminately, even by the Kajang people themselves, as it is believed to
be the dwelling place of ancestral spirits and the balancer of the cosmos. This management
pattern resembles modern conservation systems such as core zones and buffer zones, but it has
grown from local wisdom that is both traditional and spiritual in nature.
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Furthermore, Ammatoa customary law cannot be separated from a traditional belief
system called Patuntung. Patuntung is a belief that emphasizes harmony between humans,
nature, and God, and regards nature as a living being with rights. In this belief, excessive
exploitation of nature is considered a form of betrayal of the ancestors' mandate. (Hasan &
Nur, 2019) state that in the Patuntung belief, every element of naturesuch as rocks, soil, and
treesis seen as having a spirit that must be respected. Therefore, Kajang customary law often
incorporates ritual or spiritual ceremonies in its implementation, such as ceremonies before
cutting down trees or clearing land. The existence of Patuntung reinforces the position of
customary law as a comprehensive value system that is not merely technical norms but also
sacred and philosophical in nature.
The existence of the Kajang tribe's customary law shows that traditional legal systems can
stand alongside, and even complement, state law in the context of environmental protection.
Various studies have found that when the government tries to incorporate customary areas
such as Ilalang Embayya into formal schemes such as national parks or protected forests, it
often causes conflict. This happens because the state's approach often ignores social and
spiritual structures that existed long before Indonesia's independence. (Hutabarat et al., 2024)
explain that many indigenous communities, including the Kajang, face pressure due to
overlapping claims between state law and customary law. However, they emphasize that if
given the appropriate legal space, customary law can become a strategic partner of the state in
environmental conservation, and even more effective because it is based on the moral
legitimacy of the community.
Given the success of indigenous peoples in preserving the environment based on
customary law, various parties have begun to push for legal recognition of customary
territories through formal state instruments. In this context, the Kajang community is among
the few communities that have obtained official recognition of their customary forests through
a decree from the Minister of Environment and Forestry. However, this recognition still faces
challenges in its implementation in the field, particularly regarding territorial boundaries and
external intervention from parties with interests in natural resources (Abdullah et al., 2024).
Research (Purnomo et al., 2024) highlights that formal recognition alone is not enough; there
needs to be a participatory mechanism that accommodates customary values in their entirety
within the national legal system. Without this, customary law will only be used as a cultural
symbol without any substantial power in policy-making.
Ammatoa customary law also plays an important role in fostering collective ecological
awareness based on a sense of moral responsibility, rather than mere legal compliance. Unlike
modern environmental regulation approaches, which tend to be repressive, the Kajang
customary system emphasizes the reciprocal relationship between humans and nature. In this
context, violations of customary law not only result in social sanctions but are also seen as a
form of cosmic imbalance. (Arisnawawi et al., 2024) argue that the integration of divine
principles and customary values within communities like Kajang creates a social climate that
naturally upholds sustainability. Principles such as “do not cut down without permission,”
“return wood to the forest if unused,” or “avoid waste in rivers” are concrete reflections of the
environmental ethical system embedded in the community's culture.
It cannot be denied that the pressures of globalization and the exploitation of natural
resources have become serious challenges to the sustainability of customary law, including in
the Kajang community. Although internally the Kajang community is very disciplined in
upholding customary principles, external interventions such as plantation expansion,
infrastructure development, and tourism often disrupt the ecological balance that has been
preserved for generations. In a study by (Mubarok et al., 2023), it is explained that although
indigenous communities enforce customary sanctions, violations committed by external actors
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are not always within the reach of the customary legal system due to differences in jurisdiction
and authority. Therefore, efforts to preserve customary law are not sufficient with legal
recognition alone, but must also be accompanied by political and social protection of the
integrity of the community's territory and value system.
Based on the social and ecological realities described above, it is important to examine in
depth how the Ammatoa customary law in the Kajang community has been able to survive and
even make a significant contribution to environmental conservation. The existence of this
customary law is not only relevant in a cultural context, but also shows great potential as an
alternative model for sustainable natural resource management. Therefore, this study aims to
examine the form, principles, and effectiveness of the customary law system applied by the
Kajang community in protecting their customary forests. The main focus is on the internal
mechanisms of the community in enforcing customary rules, as well as how these laws
synergize or conflict with state laws. The main questions to be answered in this study are: how
do the structure and content of Ammatoa customary law contribute to ecological conservation?
And to what extent can these values be integrated into the national legal system without
eroding the cultural identity of indigenous communities?
2. Method
This study uses a descriptive qualitative approach with a library research method. This
approach was chosen because the study aims to understand and describe in depth the Ammatoa
customary law practices in environmental conservation based on text data and documents.
According to (Meleong, 2018), qualitative research is used to understand the meaning of social
phenomena experienced by research subjects, not merely to measure symptoms quantitatively.
In this context, the qualitative approach allows researchers to examine the cultural meanings
and values of customary law that exist within the Kajang community. The data in this study
were obtained from secondary sources, namely relevant written documents such as scientific
journal articles, academic books, research reports, and customary law documents that are
openly accessible. In accordance with the guidelines (Zed, 2008), the literature study method
relies on gathering information through reviewing literature as a basis for developing a
framework for thinking and analysis. Therefore, the literature used was selected purposively,
namely only those that directly discuss the Kajang tribe community, Ammatoa customary law,
and the relationship between local wisdom and environmental conservation. Data collection
techniques were carried out by systematically searching for scientific documents through
academic portals such as Google Scholar, Garuda, ResearchGate, and reputable national and
international journals. All sources were searched based on criteria of time (the last 10 years),
relevance, and academic credibility. Each piece of data obtained was classified according to
theme, namely: customary law structure, kamase-mase and pasang principles, customary forest
management, and the interaction between customary law and the state. The data analysis
technique used is content analysis, which is an interpretive method of the symbolic meaning
and values in customary law texts. (Miles et al., 2014) states that in qualitative research, the
analysis process consists of three main stages: data reduction, data presentation, and drawing
conclusions. This technique allows researchers to explore how the values of Ammatoa
customary law function not only as norms but also as a living and sustainable ecological force
within the Kajang customary community.
3. Result and Discussion
The customary law practiced by the Kajang community embodies a system of values that
is alive and evolving within a unique socio-ecological framework. Customary law does not
function as an administrative norm, but rather as a set of rules that are spiritually internalized
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and collectively inherited. Nur (2024) explains that the customary leadership structure, with
the Ammatoa at its center, is not merely symbolic but also functional in maintaining balance
between humans and nature. All decisions related to land use, tree felling, or the allocation of
other resources are always under the control of the customary structure. The main strength of
this system lies in the community's belief that customary rules are a manifestation of the
mandate of their ancestors and the will of nature, not merely technical policies.
The involvement of customary law in maintaining the ecological order of the Kajang
community can be traced through a number of literature studies that have been systematically
analyzed. Each source provides important contributions to understanding the social structure,
customary values, and environmental management systems practiced by the Ilalang Embayya
indigenous community. To summarize these initial findings, the following is a summary of
key literature that will serve as a basis for further discussion.
Table 1. Summary of Findings from a Literature Review on the Kajang Customary Legal System
No
Author
Focus of Findings
1
Nur (2024)
Customary legal structures and Ammatoa
authority in environmental conservation
2
Ichwan et al.,
(2021)
Pasang values as customary law in regulating
ecological relations
3
Jalal et al.
(2024)
Passing on values through traditional
education and participation in collective rituals
4
Hasan & Nur
(2019)
The role of the Patuntung spiritual system in
upholding ecological norms
5
Hutabarat et
al. (2024)
The interaction between customary law and
state law in the context of the legalization of
customary territories
(Source: Author's Analysis, 2025)
The five sources in the table show that Kajang customary law not only reflects traditional
norms, but also forms a functional and sustainable ecological regulatory system. The focus of
the discussion will now shift to a thematic analysis of the dimensions of customary law,
ranging from the structure of authority, the transmission of values through traditional
education, to the spiritual relationship between humans and the environment as practiced in the
Patuntung and Pasang ri Kajang systems.
Pasang ri Kajang serves as the main instrument in organizing community life, including
maintaining the ecological balance of customary areas. Ichwan et al., (2021) state that Pasang
is not only a set of prohibitions, but also ethical principles that reflect the relationship between
humans and nature. Violations of Pasang, such as cutting down trees without permission or
polluting water, are not only considered social offenses, but also spiritual violations that will
bring imbalance to life. Pasang is understood as a moral guideline for life, and is implemented
through collective awareness, not external coercion. In the Kajang customary legal structure,
the existence of Pasang ensures that customary rules continue to function even without written
form or formal supervision.
The value system contained in Pasang and Kamase-mase is passed down through informal
traditional education in everyday life. Jalal et al. (2024) state that since childhood, Kajang
children have been involved in traditional activities such as ma'pasang and mappalili, which
indirectly instill a sense of responsibility towards nature and ancestors. This process does not
occur through a written curriculum but through life experiences rich in values. Social
modeling and participation in traditional rituals make the traditional education process
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profound and shape a strong ecological character. This is what distinguishes the Kajang
community from those dependent on formal legal regulations; environmental awareness is not
formed through prohibitions but through the internalization of values.
In the Patuntung belief system, forests, rocks, water, and all elements of nature are
considered to have spirits that cannot be harmed without customary permission. Hasan and
Nur (2019) emphasize that customary prohibitions such as not cutting down large trees, not
building houses without permission, or not littering, stem from the belief that nature is a living
entity that must be respected. Therefore, customary law has not only a normative dimension,
but also a transcendental one. Any action that violates customary rules is believed to have
spiritual consequences, not just social ones. Thus, Kajang customary law performs an
ecological function not only through community sanctions, but also through a mechanism of
fear of cosmic imbalance arising from violations against nature.
One of the main strengths of Kajang customary law lies in its siri’-based social control
system, which is a collective sense of shame that acts as a moral sanction. In Ilalang Embayya
society, violations of customary rules are not immediately subject to administrative sanctions,
but will result in social exclusion or exclusion from customary rituals. Andalusia and Kansil
(2023) note that siri’ is not merely an ethical mechanism but also functions as an effective
control tool without the involvement of formal legal authorities. The fear of losing face in
front of the community encourages individuals to comply with prohibitions such as burning
forests, cutting down large trees without customary permission, or damaging rivers. This
sanction model creates ecological stability based on inner awareness, not external coercion.
Kajang customary law strictly regulates the zoning of the Ilalang Embayya customary
forest area, which is considered a spiritual living space. The forest area is divided into three
zones: the core zone (off-limits), the buffer zone (limited management), and the utilization
zone (for the daily needs of the community). Nurkhalis et al. (2018) note that the core zone is
seen as the dwelling place of ancestral spirits, so human activity is strictly prohibited. This
zoning is not based on formal maps, but rather on verbal consensus and passed down from
generation to generation. This pattern is very similar to modern conservation principles, but is
rooted in spirituality and community agreement, rather than technocratic instruments of the
state.
Enforcement of rules in Kajang society is not carried out by specific individuals, but
through a collective monitoring system by all members of the community. Every citizen is
responsible for reminding and reprimanding others if violations occur, whether against Pasang
or other customary prohibitions. Aspan & Irwansyah (2023) explain that this form of
surveillance takes place without formal procedures, but has high legitimacy because it is based
on a sense of moral responsibility. If someone is found to have trespassed into a restricted
zone, the community will not report them to the police, but will instead carry out social
correction through a customary forum or direct reprimand. This system demonstrates that
Kajang customary law is restorative in nature and encourages reconciliation rather than
punishment.
The use of natural resources in the Kajang community is not carried out individually, but
through traditional deliberations led by Ammatoa. Every plan to clear land, cut down large
trees, or take stones from rivers must be discussed together and decided collectively. Hutabarat
et al., (2024) state that this system prevents unilateral exploitation and ensures that resources
are used wisely, fairly, and sustainably. In practice, traditional deliberations combine ethical,
spiritual, and ecological considerationsunlike state legal procedures, which are
administrative and legal-formal in nature. Decisions made through traditional deliberations are
final because they are considered to represent the voices of ancestors and nature.
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Various findings from the literature review that have been analyzed thematically show
that Kajang customary law has rich and multidimensional regulatory mechanisms. Every
aspect of environmental conservationwhether in the form of prohibitions, zoning systems,
supervision, or collective decision-makingis deeply rooted in the spiritual values and social
structures practiced by the community. To summarize and classify these thematic elements
systematically, Table 2 below maps the relationship between the main themes, the customary
mechanisms applied, and the academic sources referenced.
Table 2. Mapping Thematic Customary Law as an Ecological Mechanism
No
Main Theme
Relevant Customary Mechanisms
Primary Source
1
Social and Moral
Sanctions
Siri’ (collective shame, exclusion)
Andalusia & Kansil
(2023)
2
Sacred Zones in
Customary Forests
Space division: core, support,
utilization
Nurkhalis et al.,
(2018)
3
Community Collective
Oversight
Social reprimands, moral control,
customary corrections
Aspan & Irwansyah
(2023)
4
Tiered Resource
Management
Traditional council, Ammatoa
authorization
Hutabarat et al.,
(2024)
(Source: Author's Analysis, 2025)
The classification in the table confirms that Kajang customary law is not only a living law,
but also serves as a systemic framework that encompasses integrated ethics, spirituality, and
social regulation. Through these mechanisms, customary law not only prevents ecological
damage but also instills moral and collective responsibility in maintaining cosmic balance. The
subsequent section will explore aspects of value transformation, the role of indigenous women,
as well as the potential for synergy and conflict between customary law and state law within
the framework of sustainable environmental conservation.
Kajang customary law contains a number of prohibitions that essentially reflect strong
conservation principles. Prohibitions on cutting down large trees near water sources,
prohibitions on clearing land with fire, and prohibitions on building houses from exploitative
materials are some concrete examples. Megawati & Mahdiannur (2021) reveal that the Kajang
community adheres to these prohibitions not out of fear of state law, but because of the belief
that such actions could invite the wrath of nature and ancestors. Customary prohibitions are
understood as a mechanism for preventing environmental damage that does not require
enforcement agencies, as they are carried out with spiritual awareness. In this context,
adherence to customary rules is more effective than modern environmental regulations, which
are repressive in nature.
The core zone in the Ilalang Embayya customary forest has the highest spiritual status
because it is believed to be the dwelling place of ancestral spirits. Even the residents of Kajang
Dalam themselves are not allowed to enter the area without a very urgent reason and must
perform a special ritual. In the community's view, the core zone is the pillar of the cosmos that
maintains the balance between the human world and the universe. Jalal et al., (2024) state that
the community does not need markers or fences to protect this zone, as customary prohibitions
are strong enough to restrict access. This fact shows that the customary zoning system is not
symbolic, but operational and socially and spiritually binding.
The relationship between customary law and state law in the context of managing the
Kajang customary forest is not always harmonious. Several studies reveal that state
intervention often fails to take into account the established social structure within the
community. Hutabarat et al., (2024) explain that top-down forestry policies, such as the
establishment of national parks, actually cause conflict because they conflict with customary
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boundaries. However, the formal recognition of the Kajang customary forest by the Ministry
of Environment and Forestry is an example that synergy is still possible. In this case,
customary law remains the main actor in the field, while state law acts as a formal legal
protector.
Given the effectiveness of customary law in protecting the environment, many parties
have begun to push for the integration of customary values into national conservation policies.
Abdullah et al., (2024) emphasize that legal recognition alone is not enough if it is not
accompanied by political protection mechanisms and community participation. The
government needs to establish a customary consultation platform before implementing policies
that affect customary territories. The experience of the Kajang community demonstrates that
local systems can operate in parallel withand even surpassthe effectiveness of state law in
protecting important ecological areas. Therefore, sustainable development strategies must
begin to adopt models that value customary law as a key pillar of environmental protection.
Ammatoa customary law is not static. It evolves in line with social dynamics without
losing its core values. In this context, the revitalization of customary law is carried out through
the strengthening of customary institutions, the documentation of Pasang, and community
involvement in national legal forums. Hutabarat et al., (2024) state that the revitalization of
customary law in Kajang includes the process of re-actualizing customary principles into
contemporary issues such as agrarian conflicts and ecotourism. This is done not by changing
the substance of the values, but through adjustments to the ways in which they are conveyed
and implemented. This approach allows customary law to remain alive in society while also
being recognized in the state legal system as a legitimate source of local law.
The young generation of Kajang plays an important role in preserving and reinterpreting
the traditional values they have inherited. Despite being exposed to formal education and
technology, they have not abandoned the principles of kamase-mase or Pasang. Purnomo et
al., (2024) explain that many young people in Kajang now serve as a bridge between the
traditional world and the outside world, particularly in traditional documentation activities and
eco-tourism management that still respect sacred boundaries. This transformation of values
demonstrates that traditional law is not incompatible with progress, as long as its essence is
preserved. The younger generation is key to the sustainability of customary law by expanding
its interpretation without compromising its core principles.
Although they do not occupy a formal position like Ammatoa, women in Kajang society
play a strategic role in preserving customary law. They become conveyors of values through
parenting, performing domestic rituals, and guarding customary prohibitions in the household.
Aspan & Irwansyah (2023) show that women act as enablers of cultural transmission because
they are responsible for teaching Pasang values within families and communities.
Additionally, women's involvement in rituals such as mappalili and ma'rio-rio makes them key
actors in the community's spiritual ecology. This role demonstrates that the preservation of
customary law is inseparable from cross-gender participation that reinforces one another.
When compared to state law, customary law in Kajang demonstrates high effectiveness in
terms of compliance, participation, and ecological impact. Abdullah et al., (2024) note that
state law often fails to penetrate public consciousness because it is purely legal-formal and
based on administrative sanctions. In contrast, customary law works through moral legitimacy
and spiritual bonds. People comply with customary law not because they fear punishment, but
because they fear violating the cosmic order, which they believe will bring destruction. In this
case, customary law has proven to be more adaptive, more accepted, and more sustainable in
the context of community-based environmental management.
Globalization, economic expansion, and the introduction of modern development systems
pose serious challenges to the existence of Kajang customary law. External pressures such as
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infrastructure projects, mass tourism, and land conversion often clash with Pasang values and
customary structures. However, the Kajang customary legal system has demonstrated
remarkable cultural resilience. Mubarok et al., (2023) note that despite the penetration of
modern technology and economics, the Kajang community has maintained the principle of
kamase-mase and limited modernization to specific areas. In this context, customary law is not
anti-modernity but selective about the values it adopts, thereby preserving the sustainability of
both identity and ecology.
The effectiveness of customary law in protecting the Ilalang Embayya customary forest
has made Kajang an important model for community-based conservation development. Not
only does customary law protect forest cover, it also successfully preserves spatial planning,
water sources, and biodiversity, which are part of their cosmological system. Megawati and
Mahdiannur (2021) show that the concept of customary zoning has substantial similarities with
the principles of national parks, such as core zones and buffer zones. The difference lies in the
source of legitimacy: while state conservation is based on positive legal instruments,
customary conservation is based on spirituality and respect for nature. This shows that
customary law can function as an alternative to culturally-based conservation policies.
Synergy between customary law and state law needs to be built within the framework of
an equal partnership. Formal recognition of customary territories, such as that given to the
Kajang community, must be followed by the empowerment of customary institutions, not
merely symbolic certification. Purnomo et al., (2024) emphasize that an integrative approach
will succeed if the government is willing to listen, accommodate, and provide actual space for
customary law practices in the policy process. In this case, customary law is not seen as a
competitor to state law, but rather as a complement that has proven effective in protecting the
environment long before formal law existed. Such collaboration not only strengthens the
protection of natural resources, but also strengthens the political position of indigenous
peoples at the national level.
An analysis of Kajang customary law as a socio-ecological system shows that
environmental conservation does not always have to rely on formal law or technocratic
approaches. Indigenous communities are capable of establishing efficient, value-based
regulatory systems that are collectively enforced through mechanisms rooted in ancestral
beliefs. All dimensions from authority structures, prohibited zones, social oversight, to the role
of women are integrated into the Pasang and Patuntung value system that is alive in the
community. Customary law not only survives but evolves and inspires more humane,
equitable, and sustainable conservation policies. The next section will summarize the findings
and provide recommendations for strengthening the position of customary law in national
environmental governance.
4. Conclusion
A study of Ammatoa customary law in the Kajang community shows that customary law
functions not only as a regulator of social norms, but also as an ecological mechanism that has
proven effective in preserving the environment. Values such as Pasang ri Kajang, kamase-
mase, and Patuntung beliefs form a living law system, collectively enforced through the social
and spiritual structures of the community. Customary prohibitions, forest zoning, social
sanctions based on siri’, and customary deliberations are concrete manifestations of
conservation mechanisms that are implemented without direct involvement from state law.
These findings confirm that customary law has the internal capacity to regulate the
relationship between humans and nature in a sustainable manner. The success of the Kajang
community in preserving the Ilalang Embayya customary forest for dozens of generations
without state legal intervention shows that a community-based approach can be an alternative
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in natural resource management. Customary law integrated with local cultural and spiritual
values has proven to create high compliance and collective ecological awareness. In the
context of sustainable development, customary laws such as those in Kajang can be strategic
partners in formulating national conservation policies. Therefore, recognition of customary
laws should not only be administrative in nature, but should also include strengthening
customary institutions and recognizing the value systems that support them.
The central and regional governments need to open up more space for indigenous peoples
to participate in the environmental policy-making process. Legal recognition of indigenous
territories must be accompanied by institutional support, budgetary support, and legal
protection for living indigenous practices. In addition, it is important for the state to avoid top-
down approaches that often ignore local social structures. By making indigenous law an equal
partner in environmental conservation, the state not only strengthens the conservation system
but also realizes ecological and cultural justice for indigenous peoples. Researchers in the
fields of law, anthropology, and the environment are encouraged to conduct more in-depth
and interdisciplinary studies on customary law practices in various other communities in
Indonesia. Ethnographic and participatory field research will be very helpful in describing the
internal dynamics of indigenous communities that are not captured by normative approaches
alone. In addition, studies on the role of the younger generation, the transformation of
indigenous values in the digital age, and the role of women in indigenous structures can be
important entry points in understanding the sustainability of customary law in the future.
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