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All Journal Journal of Adat Recht
Anis Noviya
Universitas Jambi, Indonesia

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Protection Of The Rights Of Customary Communities Towards The Use Of Natural Resources From A National Legal Perspective Anis Noviya
Journal of Adat Recht Vol. 3 No. 2 (2026): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/t8ja0w57

Abstract

Customary law communities are social entities that have existed long before the formation of the Indonesian state and have functional and cosmological relationships with natural resources in their customary territories. Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia recognizes and respects the existence of customary law communities and their traditional rights as long as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. However, this constitutional recognition has not been fully implemented consistently in various sectoral laws and regulations governing the use of natural resources, resulting in overlapping regulations and legal uncertainty. This study aims to examine the form of recognition and legal protection of the rights of customary law communities to natural resources from a national legal perspective, as well as to analyze the challenges and effectiveness of such protection amidst the strong flow of investment and development. This study uses a normative juridical method with a legislative approach, a conceptual approach, and a case approach. The research results show that although the national legal framework, including Constitutional Court Decision Number 35/PUU-X/2012, has provided a strong foundation for the recognition of indigenous peoples' rights to customary forests and other natural resources, its implementation in the field still faces structural, procedural, and political obstacles, including the slow ratification of the Draft Law on Indigenous Peoples and the weak application of the principle of free, prior, and informed consent in the business licensing process in customary areas. This research recommends accelerating the formation of special laws on indigenous peoples, strengthening institutions at the regional level, and internalizing the principle of free consent into all licensing processes for the use of natural resources
The Existence Of Customary Institutions In Resolution Of Social Conflict In Indonesian Multicultural Society Anis Noviya
Journal of Adat Recht Vol. 3 No. 2 (2026): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/m1gz5509

Abstract

Indonesia is a country with a very high level of ethnic, religious, racial, and inter-group diversity, so that the potential for social conflict is always inherent in the dynamics of everyday social life. Amidst the limited reach, costs, and responsiveness of formal justice institutions, customary institutions continue to exist and play a strategic role as conflict resolution mechanisms based on deliberation, kinship, and local wisdom. This article aims to examine the existence, legal status, and effectiveness of customary institutions in resolving social conflicts in Indonesia's multicultural society, while also identifying the challenges they face in the contemporary era. This research uses a normative juridical method combined with an empirical juridical approach, by analyzing laws and regulations, court decisions, and various literature studies on customary conflict resolution practices in several regions in Indonesia. The results of the study indicate that customary institutions have a strong constitutional basis through Article 18B paragraph (2) of the 1945 Constitution and in practice are able to resolve conflicts more quickly, cheaply, and oriented towards restoring social relations (restorative), compared to formal justice processes that are adversarial in nature. However, the existence of customary institutions still faces challenges in the form of overlapping regulations, weak formal recognition in some regions, and shifting values ​​due to modernization and digitalization. This article recommends strengthening derivative regulations, harmonizing customary law with national law, and revitalizing customary institutions as an integral part of a pluralistic national dispute resolution system