The Role of Customary Law in Resolving Land Disputes in Indonesia's Indigenous Communities

Customary law plays a crucial role in resolving land disputes among indigenous communities in Indonesia. As a traditional legal system deeply rooted in local values and communal consensus, customary law provides a culturally relevant and accessible dispute resolution mechanism. However, despite its effectiveness in maintaining social harmony, customary law often lacks formal recognition within Indonesia’s national legal framework, leading to legal uncertainty and conflicts between indigenous communities, corporations, and government entities. This study employs a qualitative research methodology using literature review and library research to analyze the role of customary law in land dispute resolution, its challenges, and potential policy recommendations. The findings indicate that customary law is widely practiced but struggles against legal pluralism, weak institutional support, and conflicting land regulations. Moreover, the absence of formal land registration systems for customary land increases the vulnerability of indigenous communities to land dispossession. To address these issues, policy reforms should focus on legal recognition of customary land rights, integration of customary institutions into formal legal frameworks, and the development of hybrid dispute resolution mechanisms. Strengthening customary land governance through legal education, land documentation, and community-driven land management initiatives is essential to ensure indigenous land security and social justice. This study contributes to the ongoing discourse on legal pluralism, indigenous rights, and land governance in Indonesia, providing insights for policymakers, legal practitioners, and scholars seeking to harmonize customary and national land law frameworks.

Authors

Publication Details

Journal
International journal of social and human.
Published
2025-04-01
DOI
https://doi.org/10.59613/m15tkg12
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

The Role of Customary Law in Resolving Land Disputes in Indonesia's Indigenous Communities

Semuel Haning
International journal of social and human.
Legal Studies and Policies
article

The Role of Customary Law in Resolving Land Disputes in Indonesia's Indigenous Communities

Semuel Haning
article en

Abstract

Customary law plays a crucial role in resolving land disputes among indigenous communities in Indonesia. As a traditional legal system deeply rooted in local values and communal consensus, customary law provides a culturally relevant and accessible dispute resolution mechanism. However, despite its effectiveness in maintaining social harmony, customary law often lacks formal recognition within Indonesia’s national legal framework, leading to legal uncertainty and conflicts between indigenous communities, corporations, and government entities. This study employs a qualitative research methodology using literature review and library research to analyze the role of customary law in land dispute resolution, its challenges, and potential policy recommendations. The findings indicate that customary law is widely practiced but struggles against legal pluralism, weak institutional support, and conflicting land regulations. Moreover, the absence of formal land registration systems for customary land increases the vulnerability of indigenous communities to land dispossession. To address these issues, policy reforms should focus on legal recognition of customary land rights, integration of customary institutions into formal legal frameworks, and the development of hybrid dispute resolution mechanisms. Strengthening customary land governance through legal education, land documentation, and community-driven land management initiatives is essential to ensure indigenous land security and social justice. This study contributes to the ongoing discourse on legal pluralism, indigenous rights, and land governance in Indonesia, providing insights for policymakers, legal practitioners, and scholars seeking to harmonize customary and national land law frameworks.

International journal of social and human.Vol. 2(2)
Openalex Percentile: Top 90%
Legal Studies and Policies
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