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
- Semuel Haning
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
- 0.00