The Legal Status of Customary Law in Land Dispute Resolution in Indonesia

Customary law plays an important role in resolving land disputes and protecting communal land rights in Indonesia. Its application nevertheless faces tensions between ancestral tenure and formal land administration, limited evidence of ownership, and inadequate protection of customary law communities’ rights. This study examined the position of customary law within the national legal system, the role of communal rights in customary land tenure, and the application of customary dispute resolution mechanisms. Normative legal research was conducted using statutory and case approaches. The legal materials examined included the 1945 Constitution of the Republic of Indonesia, Law Number 5 of 1960 on Basic Agrarian Principles, Constitutional Court Decision Number 35/PUU-X/2012, and regulations governing the administration and registration of communal land rights. The findings indicate that customary law is recognized within the national legal system, although its application remains subject to applicable legal requirements. Customary deliberation can provide an alternative mechanism for achieving peaceful settlements and preserving social relationships, provided that legal certainty and the parties’ rights are safeguarded. The study concludes that equitable land dispute resolution requires stronger recognition and administration of communal land rights, together with closer coordination between customary mechanisms and national law. These priorities have implications for protecting customary law communities and ensuring legal certainty in the resolution of customary land disputes.