Integration of Tumbaga Holing as a Legal Framework: Realizing Justice and Harmony in The Mandailing Traditional Society

This study explores the integration of local values, particularly the Tumbaga Holing customary law, into Indonesia's national legal framework. Tumbaga Holing, as the customary legal system of the Mandailing community, plays a crucial role in regulating social life and maintaining communal harmony. However, the process of integrating it into positive law faces various challenges, ranging from differences in legal paradigms to the marginalization of communal rights (ulayat). This research adopts a normative juridical approach, analyzing specific articles within the Basic Agrarian Law (UUPA) and regulations related to indigenous communities. The results show that Tumbaga Holing has the potential to contribute to the national legal system, particularly in the areas of natural resource management and dispute resolution. However, challenges such as lack of formal recognition, legal bureaucracy, and political-economic power imbalances hinder this integration. Proposed solutions include strengthening indigenous institutions, promoting customary law awareness, and revising regulations to be more inclusive of indigenous communities. These efforts are expected to ensure that local values ??are fairly accommodated within the national legal framework.

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Publication Details

Journal
PERADA
Published
2025-02-04
DOI
https://doi.org/10.35961/perada.v7i2.1678
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

Integration of Tumbaga Holing as a Legal Framework: Realizing Justice and Harmony in The Mandailing Traditional Society

Ikhsan Lubis, Taufik Siregar, Duma Indah Sari Lubis, Andi Hakim Lubis
PERADA
Indonesian Legal and Regulatory Studies
article

Integration of Tumbaga Holing as a Legal Framework: Realizing Justice and Harmony in The Mandailing Traditional Society

Ikhsan Lubis, Taufik Siregar, Duma Indah Sari Lubis, Andi Hakim Lubis
article en

Abstract

This study explores the integration of local values, particularly the Tumbaga Holing customary law, into Indonesia's national legal framework. Tumbaga Holing, as the customary legal system of the Mandailing community, plays a crucial role in regulating social life and maintaining communal harmony. However, the process of integrating it into positive law faces various challenges, ranging from differences in legal paradigms to the marginalization of communal rights (ulayat). This research adopts a normative juridical approach, analyzing specific articles within the Basic Agrarian Law (UUPA) and regulations related to indigenous communities. The results show that Tumbaga Holing has the potential to contribute to the national legal system, particularly in the areas of natural resource management and dispute resolution. However, challenges such as lack of formal recognition, legal bureaucracy, and political-economic power imbalances hinder this integration. Proposed solutions include strengthening indigenous institutions, promoting customary law awareness, and revising regulations to be more inclusive of indigenous communities. These efforts are expected to ensure that local values ??are fairly accommodated within the national legal framework.

PERADAVol. 7(2)
Universitas Sumatera Utara (ID), Universitas Prima Indonesia (ID), Medan Area University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 97%
Indonesian Legal and Regulatory Studies
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Integration of Tumbaga Holing as a Legal Framework: Realizing Justice and Harmony in The Mandailing Traditional Society — Ikhsan Lubis, Taufik Siregar, et al. · PERADA (2025) | TGRS Research Map | TGRS