Indigenous Land Dispute Resolution in Indonesia: Exploring Customary Courts as an Alternative to Formal Judicial Processes

Indigenous tribes struggle to protect their lands, identities, and livelihoods throughout conflicts. Indigenous areas are threatened by resource exploitation and development-related land ownership conflicts, requiring efficient conflict resolution. International frameworks for post-conflict property recovery rarely address customary land rights. This study examines Indonesian traditional courts as alternatives to indigenous land disputes. It investigates the legal coherence, justice, and utility of traditional judicial proceedings using secondary legal sources in a juridical-normative manner. The study compares customary and formal legal systems, evaluates traditional court procedures for fairness, and examines their effects on sustainable land management and community empowerment. Customary justice procedures should be integrated into the legal system to promote inclusive and sustainable development and safeguard indigenous rights and traditions. The paper recommends stronger cooperation between formal and customary legal systems and suggests future research to resolve constraints and improve understanding of customary law dynamics in settling indigenous land issues in Indonesia.

Authors

Publication Details

Journal
REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION
Published
2024-12-01
DOI
https://doi.org/10.52028/rbadr.v6.i12.art09.en
Citations
3
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
6.69
Controls
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article

Indigenous Land Dispute Resolution in Indonesia: Exploring Customary Courts as an Alternative to Formal Judicial Processes

Kadek Cahya Susila Wibawa, Sukirno Sukirno
3 citations
REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION
Indonesian Legal and Regulatory Studies
6.69
article

Indigenous Land Dispute Resolution in Indonesia: Exploring Customary Courts as an Alternative to Formal Judicial Processes

Kadek Cahya Susila Wibawa, Sukirno Sukirno
article en
3 citations

Abstract

Indigenous tribes struggle to protect their lands, identities, and livelihoods throughout conflicts. Indigenous areas are threatened by resource exploitation and development-related land ownership conflicts, requiring efficient conflict resolution. International frameworks for post-conflict property recovery rarely address customary land rights. This study examines Indonesian traditional courts as alternatives to indigenous land disputes. It investigates the legal coherence, justice, and utility of traditional judicial proceedings using secondary legal sources in a juridical-normative manner. The study compares customary and formal legal systems, evaluates traditional court procedures for fairness, and examines their effects on sustainable land management and community empowerment. Customary justice procedures should be integrated into the legal system to promote inclusive and sustainable development and safeguard indigenous rights and traditions. The paper recommends stronger cooperation between formal and customary legal systems and suggests future research to resolve constraints and improve understanding of customary law dynamics in settling indigenous land issues in Indonesia.

REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTIONVol. 06(12)
Openalex Percentile: Top 3%
Indonesian Legal and Regulatory Studies
6.69
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Indigenous Land Dispute Resolution in Indonesia: Exploring Customary Courts as an Alternative to Formal Judicial Processes — Kadek Cahya Susila Wibawa, Sukirno Sukirno · REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION (2024) | TGRS Research Map | TGRS