Administrative and Environmental Law Review
Vol 7 No 2 (2026)

Environmental Dispute Resolution via Alternative Mechanisms and Customary Law: A Comparative and Transboundary Study of Indonesia and Malaysia

Hazar Kusmayanti (Universitas Padjadjaran)
Asti Sri Mulyanti (Universitas Muhammadiyah Sukabumi)
Dede Kania (Universitas Islam Negeri Sunan Gunung Djati)
Ramalinggam Rajamanicham (Multimedia University (MMU))



Article Info

Publish Date
21 Oct 2026

Abstract

Environmental disputes between neighboring states, particularly Indonesia and Malaysia, pose complex challenges to cross-border governance. Although comparative legal scholarship has examined their respective legal systems, research integrating customary dispute resolution into transboundary environmental governance remains limited. This article compares environmental dispute resolution under Indonesia's civil law system and Malaysia's common law system, focusing on the role of customary law (*adat law*) alongside formal legal mechanisms. Using a normative juridical methodology and comparative legal analysis, the study examines statutory frameworks, alternative dispute resolution mechanisms, including mediation, negotiation, and arbitration, and customary governance practices. The findings indicate that customary institutions can support environmental dispute resolution through restorative justice and community-based resource management. However, their integration into formal systems remains constrained by regulatory fragmentation, jurisdictional uncertainty, and limited bilateral coordination. The study proposes three measures: establishing an Indonesia–Malaysia Joint Bilateral Environmental Panel, incorporating customary mediation into national dispute resolution frameworks, and involving indigenous border communities in transboundary conservation through Community-Based Natural Resource Management (CBNRM).

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Journal Info

Abbrev

aelr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Administrative and Environmental Law Review is a journal published by the Faculty of Law, Universitas Lampung. Established in, the Administrative and Environmental Law Review aims to distribute scientific research and discusses in state administration law and environmental law in Indonesia, ...