ABSTRACT

This paper aims to examine the role of the customary marine law of the Serdang Sultanate in North Sumatra in the utilization and management of marine resources, and to explore the arrangement and recognition of national legislation on customary law in Indonesia. Excessive exploitation of marine and fishery resources is one of the biggest threats to world fisheries management nowadays. International law has provided some related rules; however, Indonesia with its character as an archipelagic country, also recognizes the management of marine resources through a framework of customary law (hukum adat) and local wisdom, both of which still play an essential role in the community. The government has issued various rules relating to the recognition of the existence of indigenous and tribal peoples, recognized by their customary rights and legal system (including natural resources management in the region). One of the existing customary laws in Indonesia is the marine law of Serdang Sultanate, which has had legal rules governing marine ordinances prevailing in its territory since the reign of Sultan Muhammad Shah (1424–1444 AD) This article is written normatively. The data used are secondary data collected through literature study, consisting of primary, secondary, and tertiary legal materials related to the topic.