Alternative Dispute Resolution for Customary Land Through Customary Courts
DOI:
https://doi.org/10.46799/ajesh.v4i1.517Keywords:
Alternative Dispute Resolution, Customary Courts, Customary Rights of Indigenous PeoplesAbstract
The recognition of the customary rights of indigenous peoples is enshrined in the Basic Agrarian Law, specifically in Article 3 of the UUPA, which mandates that the implementation of these rights must align with national interests and not conflict with higher laws. Customary rights are respected as living law within indigenous communities, provided they do not contradict the spirit of national law. Although customary courts are not explicitly mentioned in formal judicial regulations, they remain acknowledged and respected, with their decisions influencing formal courts, particularly in disputes related to customary law. This research aims to analyze the role of customary courts in resolving land disputes within indigenous communities, particularly when decisions from these courts are challenged in formal courts. This doctrinal research uses a literature study to collect legal materials, which are then analyzed qualitatively. The findings reveal that formal courts often fail to consider absentee land ownership, as regulated in the legislation, leading to errors in determining land ownership entitlement. In one case, the legal justification provided by the judge overlooked a testimonial de audit submitted by one of the parties, ultimately dismissing its validity. The implications of this study suggest that there is a need for better integration of customary legal principles into the formal justice system to ensure the protection of indigenous land rights. It also highlights the importance of clear legal frameworks to address conflicts between customary law and national regulations, particularly in land ownership disputes.
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Copyright (c) 2025 Razin Ardi Shidiq, M.Sofyan Pulungan

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