Colonial Legal System and Legal Dualism in Indonesia

Abstract

This paper explores the legacy of the Dutch colonial legal system that shaped the dualistic legal structure in Indonesia. Legal dualism is reflected in the coexistence of multiple legal systems—state law, customary law, and Islamic law—which often lack harmony in their implementation. This phenomenon leads to various impacts, including unequal access to justice, overlapping regulations, delayed legal reform, and fragmented legal identity among citizens. Using historical and normative approaches, the paper examines the root causes of legal dualism and the efforts of legal decolonization as a strategy to build a national legal system that is inclusive, just, and rooted in local values. This study aims to contribute to the development of a more responsive legal framework in Indonesia that meets the needs of its diverse society.