Legal Recognition of Nadran Local Wisdom and Socio-Legal Study of Social Control of Communal Rights of the Coastal Community of Cirebon
Keywords:
Nadran, Customary Law, Ecological JusticeAbstract
This study examines the socio-legal aspects of the Nadran Tradition, which forms the basis of the local wisdom of the coastal communities of Cirebon, and its implications for strengthening collective rights in marine resource management. Using a sociological legal approach, this study examines how customary norms that thrive in a spirit of togetherness function as a management tool and behavioral guide for the community to achieve ecological justice and sustainability. The findings show that the Nadran Tradition effectively strengthens collective rights and builds social control mechanisms and active participation, where its effectiveness in preserving the sea is equal to or even exceeds that of formal legal instruments recognized by the state. However, a significant normative gap was found, in which the Coastal Zone Management Law does not clearly recognize this customary law as the basis for collective management, thus marginalizing the Nadran Tradition in the formal legal system. To address this gap, this study recommends the need for transformative legal recognition through the creation of a Regional Regulation (Perda) that explicitly establishes and integrates Nadran as a legal instrument in marine resource management. This recommendation is crucial to provide legal certainty, strengthen the legitimacy of community collective rights, and ensure the achievement of sustainable and equitable environmental management.