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All Journal SELAPARANG: Jurnal Pengabdian Masyarakat Berkemajuan Jurnal Ius Constituendum JUSTISI JURNAL USM LAW REVIEW Risalah Hukum Journal Equity of Law and Governance Journal of Law Justice
Sokhib Naim
Universitas Muhammadiyah Sorong
Agriculture, Biological Sciences & Forestry Computer Science & IT Control & Systems Engineering Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Rethinking Dispute Resolution: Moi Customary Law within Indonesia’s Legal Pluralism Rajab Lestaluhu; Sokhib Naim; Cintia Dwi Puspita; Sayed Husaini; Wahab Aznul Hidaya
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.4872

Abstract

This study aims to analyze the process of resolving customary land disputes among the Moi indigenous community and to identify the obstacles faced within the framework of legal pluralism in Indonesia. This study employs a normative legal research approach (doctrinal legal research), focusing on the analysis of legal norms, principles, and doctrines related to customary law and national law. Data were collected through literature review, including primary, secondary, and tertiary legal materials, and analyzed using a qualitative normative method with interpretive and comparative approaches. The novelty of this study lies in the development of a reimagined dispute resolution approach by integrating Moi customary law into the discourse of Indonesian legal pluralism, which highlights normative and socio-cultural dimensions. The results of the study indicate that dispute resolution among the Moi community prioritizes non-litigious mechanisms based on deliberation, the principles of restorative justice, and local wisdom values, with the Customary Institution (LMA Malamoi) playing a central role. However, this process faces significant obstacles, including emotional factors, low legal awareness, unclear land boundaries, overlapping ownership claims, and external intervention. This study concludes that while customary mechanisms are effective in maintaining social harmony, their interaction with the formal legal system poses challenges within the context of legal pluralism. Therefore, harmonization between customary law and state law, strengthening customary institutions, and enhancing public legal awareness are crucial for achieving fair, effective, and sustainable dispute resolution.
Analysis of the Effectiveness of Alternative Dispute Resolution (ADR) as an Out-of-Court Solution Arief Ashari Amir; Hadi Tuasikal; Sokhib Naim
JUSTISI Vol. 12 No. 3 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i3.5831

Abstract

This study aims to analyse the effectiveness of the role of alternative dispute resolution (ADR) as an out-of-court dispute resolution solution, identify obstacles in its implementation, and assess the alignment between normative regulations and their practical application within the Indonesian legal system. This study's method is a normative legal study with a statutory approach, a conceptual approach, and a case approach. Data were obtained through a literature study of primary, secondary, and tertiary legal materials, and then analysed qualitatively prescriptively. The novelty of this research is focused on the development of ADR studies that not only discuss conventional mediation but also integrate the concept of online dispute resolution (ODR) as a form of ADR digitalisation, linked to the principles of restorative justice and its relevance in resolving customary land disputes in the region. The results of the study show that ADR has higher effectiveness compared to litigation in terms of time efficiency, cost, flexibility, and the ability to produce win-win solutions. However, the implementation of ADR still faces obstacles such as the low legal awareness of the community, the limited number of professional mediators and arbitrators, and the suboptimal execution of the agreement outcomes. The conclusion of this research is that ADR is an effective, fast, inexpensive, and substantively just dispute resolution mechanism. However, to optimise its role in the Indonesian legal system, it is necessary to strengthen regulations, improve the quality of human resources, and develop institutions and digitalisation through ODR so that access to justice can be broader and more responsive to the needs of society.
Co-Authors Arief Ashari Amir Bayu Purnama Chintia Manurung Cintia Dwi Puspita Ferderika Massa Hasriyanti Hasriyanti Jusuf Luturmas Kariadi Kariadi Muharuddin Muharuddin, Muharuddin Nurhalisa Nurhalisa Oriza Sativa Ningrum Ombaer Qisi Yulia Lestari Rajab Lestaluhu Rio Irandha Putra Sabrin S. Hi Mustafa Saharuddin Sayed Husaini Simanjuntak, Kristi W Sopian Syahrul Ramadhan Tuasikal, Hadi Valentino Cirilo Sambang Wahab Aznul Hidaya