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Journal : LAW REFORM

The Strategy of Institutional Collaboration to Expedite The Recognition of Customary Law Communities Through Land Registration in Aceh Besar, Indonesia Sulaiman, Sulaiman; Abdullah, Muhammad Adli; Wulandari, Mitra; Mansur, Teuku Muttaqin; Sautunnida, Lia
LAW REFORM Vol 21, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i1.64760

Abstract

The recognition of Indigenous Law Communities (Masyarakat Hukum Adat/MHA) involves a complex and multi-layered process. This article aims to analyze strategies for accelerating the recognition of MHA through the registration of customary land in Aceh Besar Regency. This research employs a qualitative methodology, with primary data obtained through fieldwork, preceded by a customary land survey, and complemented by legal materials. The analysis was conducted using a qualitative approach.The findings indicate that customary land continues to exist in Aceh Besar, covering an area of approximately 4,593.78 hectares, according to the survey. While this land holds potential for registration, the formal verification process remains challenging. The registration of such lands must be carried out at the Land Office—a regional branch of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN)—and requires the official designation of legal subjects by the Aceh Besar Regency Government.The study further emphasizes the intricacies of recognizing MHA, which require verification of both the subject (i.e., the community’s legal status as MHA) and the object (i.e., the land claimed). One viable strategy to accelerate the recognition process is through institutional collaboration—integrating the object recognition process under the Land Office with the subject designation process handled by the regency government. This approach can be facilitated by forming a joint working structure based on submitted applications. Such a collaborative framework would improve communication and streamline policy decisions, enabling more efficient and effective recognition of both the MHA and the registration of their customary land.
The Influence of Law Enforcement on Restorative Justice-Based Conflict Resolution within the Customary Law in Aceh, Indonesia Abdullah, M Adli; Mansur, Teuku Muttaqin; Masrizal, Masrizal; Muhammad Rasyid, Laila; Priyono, Ery Agus
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.63943

Abstract

The Indigenous People Community (IPC) in Aceh engages in collaborative efforts with law enforcement agencies to mediate disputes via customary courts, as delineated in Aceh Qanun Number 9 of 2008 pertaining to the Advancement of Customary Life and Traditions. Nevertheless, the escalating preeminence of formal legal frameworks has elicited apprehensions regarding the efficacy of customary sanctions in the context of community-driven conflict resolution. The objective of this research endeavor is to scrutinize the function of the police within the sphere of customary dispute resolution and to investigate the implications of their involvement on the jurisdiction of customary law institutions at the village level. The methodological approach employed in this inquiry is descriptive, supplemented by an empirical methodology. Primary data were acquired through direct observation and interviews with pivotal stakeholders, while secondary data were procured from ancillary documentation. The findings indicate that despite the successful resolution of 18 cases at the village level, the influence of the police tends to eclipse the authority of customary courts. The effectiveness of customary sanctions diminishes when formal law is accorded precedence, particularly in instances such as livestock theft or minor violent offenses. The conclusions that can be inferred suggest that excessive police involvement undermines the robustness of customary law, thereby contravening Article 13 paragraph (3) of Aceh Qanun 9/2008, which stipulates a preference for resolution through customary means at the village level.