Interpreting Customary Justice in the Resolution of Digital Land Disputes in Postcolonial Societies

Digital transformation in land systems in postcolonial countries challenges the legitimacy and effectiveness of customary justice in land dispute resolution. This qualitative juridical-sociological case study involved 15 key informants indigenous leaders, land officials, and residents in three Indonesian indigenous communities. Data were collected through in-depth interviews, field observations, and analysis of legal documents and digital maps, then examined using thematic analysis and source triangulation. Customary justice remains central in dispute resolution but faces normative and technological tensions due to misalignment with national land digitalization. Some socially recognized decisions lack legal force in the digital registration system, creating legitimacy dualism. Contextual integration between customary law and formal digital systems is essential to prevent exclusion of indigenous rights in the digital era.

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Publication Details

Journal
Formosa Journal of Science and Technology
Published
2025-08-25
DOI
https://doi.org/10.55927/fjst.v4i8.198
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
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article

Interpreting Customary Justice in the Resolution of Digital Land Disputes in Postcolonial Societies

Randy Vallentino Neonbeni, Sumiyati Sumiyati, Yohanna YR Watofa, Tamrin Talebe
Formosa Journal of Science and Technology
Conflict of Laws and Jurisdiction
article

Interpreting Customary Justice in the Resolution of Digital Land Disputes in Postcolonial Societies

Randy Vallentino Neonbeni, Sumiyati Sumiyati, Yohanna YR Watofa, Tamrin Talebe
article en

Abstract

Digital transformation in land systems in postcolonial countries challenges the legitimacy and effectiveness of customary justice in land dispute resolution. This qualitative juridical-sociological case study involved 15 key informants indigenous leaders, land officials, and residents in three Indonesian indigenous communities. Data were collected through in-depth interviews, field observations, and analysis of legal documents and digital maps, then examined using thematic analysis and source triangulation. Customary justice remains central in dispute resolution but faces normative and technological tensions due to misalignment with national land digitalization. Some socially recognized decisions lack legal force in the digital registration system, creating legitimacy dualism. Contextual integration between customary law and formal digital systems is essential to prevent exclusion of indigenous rights in the digital era.

Formosa Journal of Science and TechnologyVol. 4(8)
Bandung Institute of Technology (ID), Universitas Islam Negeri Sumatera Utara (ID), Politeknik Negeri Bandung, Universiti Tenaga Nasional (MY)
Openalex Percentile: Top 71%
Conflict of Laws and Jurisdiction
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