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Angga A.G
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INDONESIA
Journal of Adat Recht
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30481074     DOI : https://doi.org/10.62872/w9h4v013
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Adat Recht is a journal with the theme of Legal Science, with benefits and objectives for the development of Legal Science, by prioritising the originality, specificity and recency of articles in each issue. The purpose of the publication of this Journal is to provide space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, and practitioners that have never been published in other media. This journal focuses on discussing customary law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 53 Documents
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The Existence Of Customary Institutions In Resolution Of Social Conflict In Indonesian Multicultural Society Anis Noviya
Journal of Adat Recht Vol. 3 No. 2 (2026): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/m1gz5509

Abstract

Indonesia is a country with a very high level of ethnic, religious, racial, and inter-group diversity, so that the potential for social conflict is always inherent in the dynamics of everyday social life. Amidst the limited reach, costs, and responsiveness of formal justice institutions, customary institutions continue to exist and play a strategic role as conflict resolution mechanisms based on deliberation, kinship, and local wisdom. This article aims to examine the existence, legal status, and effectiveness of customary institutions in resolving social conflicts in Indonesia's multicultural society, while also identifying the challenges they face in the contemporary era. This research uses a normative juridical method combined with an empirical juridical approach, by analyzing laws and regulations, court decisions, and various literature studies on customary conflict resolution practices in several regions in Indonesia. The results of the study indicate that customary institutions have a strong constitutional basis through Article 18B paragraph (2) of the 1945 Constitution and in practice are able to resolve conflicts more quickly, cheaply, and oriented towards restoring social relations (restorative), compared to formal justice processes that are adversarial in nature. However, the existence of customary institutions still faces challenges in the form of overlapping regulations, weak formal recognition in some regions, and shifting values ​​due to modernization and digitalization. This article recommends strengthening derivative regulations, harmonizing customary law with national law, and revitalizing customary institutions as an integral part of a pluralistic national dispute resolution system
Transformation Of Customary Law In Resolution Of Common Land Disputes In The Digital Era Fitri Arianti Saputri
Journal of Adat Recht Vol. 3 No. 2 (2026): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/e6v5e542

Abstract

Customary land disputes are among the most complex agrarian issues in Indonesia, as they combine the codified state legal system with the fluid, oral, and community-based customary law. This article aims to analyze how the values, institutions, and dispute resolution mechanisms under customary law have transformed with the introduction of digital technology into national land governance, including electronic land certificates, geospatial information systems, online mediation, and e-court platforms. Using normative legal research methods supported by secondary empirical data, this article finds that digitalization offers opportunities in the form of accelerated evidence, transparency of land ownership data, and expanded access to justice for indigenous communities in remote areas. However, it also presents serious challenges in the form of a digital literacy gap, the risk of losing the value of customary deliberation, and the potential for new conflicts due to non-participatory spatial data conversion. This article concludes that digital transformation should ideally not replace customary mechanisms but rather be positioned as a supporting instrument that strengthens the legitimacy and effectiveness of customary land dispute resolution through a hybrid model between customary institutions and the state's digital system
Protection of Customary Rights of Indigenous Communities in The Midst of National Development Efendi Gunawan Sidiki
Journal of Adat Recht Vol. 3 No. 2 (2026): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/hdpyp972

Abstract

The customary rights of indigenous peoples are constitutional rights guaranteed by Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution of the Republic of Indonesia. However, in practice, the recognition and protection of these rights often clash with the national development agenda that is oriented towards the massive exploitation of natural resources. This article aims to examine in depth the forms of legal protection for the customary rights of indigenous peoples and to identify various challenges arising from the expansion of national strategic projects, mining, and large-scale plantations. This research uses a normative juridical method with a legislative approach, a conceptual approach, and a case approach, which are analyzed qualitatively through a literature study of laws and regulations, court decisions, and contemporary agrarian law literature. The results of the study indicate that although the normative framework for the recognition of indigenous peoples has undergone significant development, particularly through Its implementation in the field still faces structural obstacles in the form of weak inter-institutional coordination, minimal definitive determination of customary territories, and the dominance of investment interests in spatial planning policies. This article recommends strengthening the customary territory database, harmonizing sectoral regulations, and implementing the principle of free, prior, and informed consent as an absolute prerequisite for any development activity impacting customary lands. These steps are expected to create a more proportional balance between the agenda of accelerating national development and the sustainable fulfillment of the constitutional rights of indigenous communities.

Page 6 of 6 | Total Record : 53

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