Jurnal Ilmiah Hukum LEGALITY
Vol. 33 No. 1 (2025): March

Local wisdom as legal dispute settlement: how Indonesia’s communities acknowledge Alternative Dispute Resolution?

Didik Sukriono (Faculty of Social Sciences, Universitas Negeri Malang, Indonesia)
Sudirman Sudirman (Faculty of Social Sciences, Universitas Negeri Malang, Indonesia)
Desinta Dwi Rapita (Faculty of Social Sciences, Universitas Negeri Malang, Indonesia)
A. Rosyid Al Atok (Faculty of Social Sciences, Universitas Negeri Malang, Indonesia)
Alfan Bramantya (Faculty of Teacher and Education Sciences, Universitas Wisnuwardhana, Indonesia)



Article Info

Publish Date
15 Apr 2025

Abstract

This paper examines the evolution of legal dispute resolution mechanisms within non-litigation channels, focusing on the traditional villages of Blitar and Karangasem in Indonesia from 1984 to 2023. There is a need to understand how local wisdom contributes to effective dispute resolution, particularly in regions where formal legal institutions may be limited. This research analyses how indigenous communities integrate Alternative Dispute Resolution (ADR) principles with customary (adat) law, fostering a hybrid system that balances cultural values and contemporary legal frameworks. The paper draws on ethnographic fieldwork, in-depth interviews with traditional leaders, and case studies of dispute settlements in the selected villages. Historical records and legal documents regarding customary disputer solutions were also examined. The results indicate that the villagers have modified their traditional approaches over the last four decades to deal with contemporary problems such as land disputes, family conflicts, and governance issues. This study also focuses on consensus, reconciliation, and restorative justice, which are considered key factors for social cohesion and dealing with social conflicts. The findings highlight that integrating ADR with adat-based mechanisms strengthens legal pluralism and provides an alternative resolution of issues; this integration is more appropriate than litigation in rural, culturally diverse societies. Moreover, the study suggests that these non-litigation practices are socially cohesive between community members because they ensure that dispute resolution is aligned with the community’s cultural norms and common identity. The study also theorizes that justice and social order can be maintained through a better understanding and empowerment of customary laws. This research provides insight into the wider world of legal pluralism as it explores how traditional modes of dispute resolution remain important within modern legal systems.

Copyrights © 2025






Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...