The Existence and Relevance of Betawi Customary Law: Maintaining Local Wisdom Amidst Jakarta's Megapolitan Development

Abstract

As the indigenous people of Jakarta, the Betawi community faces an existential paradox where their identity is the foundation of the city's culture, yet they are systematically marginalized by rapid megapolitan development. Massive urbanization and modernization have not only displaced them spatially to the outskirts but also eroded their customary law practices and local wisdom. The existing legal framework, particularly Regional Regulation (Perda) No. 4 of 2015, tends to focus on preserving symbolic culture, such as arts and icons, but fails to provide substantive recognition to the Betawi community as a customary law community with collective rights. This study aims to analyze the legal limitations of Perda No. 4 of 2015 in protecting the existence of the Betawi community, examine the relevance of living Betawi customary law, such as deliberation, as a dispute resolution mechanism, and formulate the urgency of a paradigm shift from cultural preservation to rights recognition. This study uses a normative juridical method by analyzing laws and regulations, particularly Perda No. 4 of 2015, and linking it to the concept of customary law communities in the constitution and relevant legal theories. It found that the "cultural preservation" approach in the current regulation is ineffective in stemming marginalization because it does not provide a legal basis for essential rights such as land rights. On the other hand, customary law practices such as deliberation (musyawarah) have proven relevant and effective in maintaining social harmony within communities, demonstrating the persistence of local wisdom. However, without formal recognition, these mechanisms lack the legal force to withstand external pressures from development. The existence of the Betawi community is threatened because the existing legal framework is superficial. A policy reform that recognizes the Betawi community as a customary law community is needed. This recognition would provide a strong legal basis for protecting their collective rights and ensure that local wisdom is not merely preserved as an object but lives on as a relevant legal subject amidst modern Jakarta.