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Legal Pluralism in Adat Land Conflict Resolution: Case Study of Eastern Indonesia

Part Name
Legal Pluralism in Adat Land Conflict Resolution: Case Study of Eastern Indonesia
Linda Yanti Sulistiawati
Publication Year
Vol. 9 Issue. 2 Page. 156-190, 2019
Legal Pluralism; Adat Law; Adat Land; Customary Law; Customary Land; Land Conflict; Conflict Resolution
This article examines legal pluralism in Indonesia relating to customary 'Adat' law. The case study research was conducted in the Manggarai area of Eastern Indonesia where Adat law is prevalent in resolving conflicts, alongside the national legal system. The article discusses in-depth, whether Indonesia's legal system effectively acknowledges the plural systems of law in use. By examining how these two systems of law are implemented, the article shows how customary systems are being used to resolve land conflict in the case of Manggarai. This study combines both a qualitative review of the literature and a case approach method to examine the five types of Adat land conflict in Manggarai in East Indonesia. The research findings show that in both theoretical literatures, as well as in the case studies of Manggarai, Adat law is acknowledged by the Indonesian legal system and also in the local community. This research is a useful reference for land conflicts in other areas where legal pluralism is in use.
Table Of Contents
I. Introduction
A. Research Questions
B. Methodology
II. Legal Pluralism in Indonesia
A. Constitutional Structure
B. Legal Framework
C. Adat Law in Indonesia’s Legal System
III. Implementation of Legal Pluralism in East Indonesia, the cases of
Flores, East Nusa Tenggara
IV. Analysis
A. Baseline Information on Adat Law in Manggarai and Ngada
B. Adat Land Conflict in Manggarai and Ngada
1. Background of the Adat Land Conflict
2. Forum of Law
C. Challenges and Benefits of using Adat Law in Adat Land
Conflict Resolution in a Legal Pluralist Country
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