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Restorative Justice and Legal Pluralism in Addressing Plantation Land Exploitation in West Kalimantan Edy Haryanto; Wahyuni Retnowulandari; Irene Eka Sihombing
Blantika: Multidisciplinary Journal Vol. 4 No. 9 (2026): Special Issue
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/blantika.v4i9.553

Abstract

Plantation land exploitation in West Kalimantan Province has generated complex legal issues involving corporations, environmental protection, and Dayak Indigenous Peoples. Existing law enforcement remains predominantly administrative and repressive, and has therefore not adequately ensured comprehensive environmental restoration, protection of Indigenous Peoples’ rights, or corporate accountability. This study aims to analyse the legal framework governing plantation land exploitation under Article 18 of Law Number 39 of 2014 concerning Plantations, examine its enforcement in West Kalimantan, and formulate a reconceptualised legal policy through the integration of restorative justice grounded in Dayak local wisdom. This study employs a normative-empirical legal research method incorporating statutory, conceptual, case, comparative, and empirical approaches, with empirical data obtained through interviews. The analysis draws upon Legal Pluralism Theory, Local Wisdom Theory, and Restorative Justice Theory. The findings demonstrate that the existing legal framework and enforcement mechanisms remain sectoral and have yet to effectively integrate state law with customary law. This study proposes a Reconceptualised Law Enforcement Model through the Integration of Restorative Justice Grounded in Dayak Local Wisdom, comprising formal law enforcement, a multi-stakeholder dialogue forum, expanded corporate accountability, integrated ecological and social restoration, and continuous monitoring. The novelty of this study lies in the systematic integration of legal pluralism, Dayak local wisdom, and restorative justice as a new paradigm for addressing plantation land exploitation in Indonesia.