The Constitutionality of Customary Courts Dispute Resolution in Indigenous Communities from Tana Toraja Regency

DOI

10.2991/978-2-494069-93-0_94How to use a DOI?

Keywords

Constitutionality; Customary Courts; Indigenous Peoples; Lembang

Abstract

This paper aims to determine and analyze the constitutionality of customary courts in resolving disputes in indigenous peoples. To find out and analyze the mechanism of dispute resolution in indigenous peoples through customary courts in Tanatoraja Regency. This research uses a research method combining normative legal research (doctrinal) and empirical law (non doctrinal). To examine the first problem, normative legal research was used, while the second problem used empirical legal research. The results of this study show that the constitutionality of customary courts in dispute resolution in indigenous peoples in Indonesia must consider the context of legal politics. The legal politics referred to here is that customary courts are faced with a number of challenges. Paradigmatically, policies on natural resource conflicts in Indonesia are still dominantly oriented towards the economy, or making it a commodity, not in order to better maintain the sustainability of human and ecological living space. These conflicts are caused by the political design of laws that indicate the interests of capital accumulation in the natural resource sector. On the other hand, ego-sectoralism related to natural resource management is still dominant. As well as overlapping issues in the management of natural resources and the protection of indigenous peoples’ rights. Dispute Resolution Mechanisms in Indigenous Communities through Customary Courts in Tana Toraja Regency are carried out by Reconciling Judges both at the Neighborhood, Lembang and District levels. The conciliatory judge carries out Customary Justice with a deliberation system by the parties to the dispute to produce a decision. The recommendation in this research is that the Government should be able to make Legislation on Customary Courts in resolving disputes of Indigenous Peoples. It is necessary for the Government of Tana Toraja Regency to make a Regional Regulation on the Position of Reconciler Judges in the Tana Toraja Customary Justice System.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Muhammad Zulkifli Muhdar
AU  - La Ode Husen
AU  - Zainuddin
PY  - 2023
DA  - 2023/01/25
TI  - The Constitutionality of Customary Courts Dispute Resolution in Indigenous Communities from Tana Toraja Regency
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 810
EP  - 819
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_94
DO  - 10.2991/978-2-494069-93-0_94
ID  - Muhdar2023
ER  -