Harmonization Of Local Laws And Culture And Settlement Of Customary Disputes In Indonesia

Abstract

This study discusses the harmonization of local laws and culture in the settlement of customary disputes in Indonesia. Indonesia has a diversity of indigenous peoples who still use customary law as a guideline in resolving conflicts, while positive law or national law is formal and written. The difference in character between these two legal systems often causes a clash of norms, especially related to land disputes, customary rights, and violations of customary rules.

This research focuses on how positive law and local culture can be harmonized so that customary dispute resolution is effective, fair, and accepted by the community. The research also examines the obstacles in the harmonization and possible integration of customary law mechanisms into the national legal system.

The method used is a juridical-sociological approach with qualitative analysis of customary law literature, laws and regulations, government policies, and previous research. The results of the study show that harmonization between positive law and customary law is important to reduce norm conflicts, strengthen dispute resolution, and ensure legal decisions in accordance with the cultural values of the community. Harmonization can be carried out through the recognition of customary law, the integration of customary mediation into the formal legal system, and the strengthening of regulations related to customary law communities.

With this harmonization, the settlement of customary disputes no longer causes conflicts between customary law and positive law, but becomes a process that complements each other and supports justice for indigenous peoples.