The implementation strategy of customary law aspect in protecting local environment

¹ Faculty of Law, Universitas Indonesia, Depok, Indonesia
² School of Environmental Science, Universitas Indonesia, Salemba, Indonesia
³ Faculty of Health Science, Universitas Pembangunan Nasional Veteran Jakarta, Indonesia

^* Corresponding author: ratihlestarini@yahoo.com

Abstract

Environmental protection efforts have been made by the people, especially those still governed by customary law. Customary law serves to regulate society in all aspects of life, including the relationship between humans and between humans and the environment. The customary law also serves to regulate the use and the management of the environment efficiently for the purpose of preventing environmental damages and maintaining sustainability for the future. The communities which still have strong customary law will tend to preserve the environment and limit usages that cause damage to the environment. Cases of environmental damage that occurred today is very worrying. The formal law created is not sufficient to control it, so customary law is needed as an alternative to complementing the lack of formal law in order to effectively prevent the environmental damage. This research is aimed to determine the best way to protect the environment using customary aspect as the instrument. The method used in this paper is SWOT analysis that determines the strategies of the customary law in environment protection. The selection of the strategy was determined by the score and the weight of the pre-defined components. The results showed that the customary law, which has its own legal logic with aspects of local knowledge developed in the community for a long time as it relates to the values inherent culture and spiritualism, has a chance to be implemented in protecting environment. Customary law can be instrumental in preventing and protecting the environmental damage because the goal is to create harmony with nature.