Dispute Resolution by Indigenous Functionaries as an Effort to Strengthen Indigenous Institutions

DOI

10.2991/assehr.k.220406.015How to use a DOI?

Keywords

dispute; resolution; functionaries; strengthen; indigenous institutions

Abstract

The resolution of disputes through the judiciary received sharp criticism, both from practitioners and from legal theory. Judicial roles and functions are considered to be overloaded, slow and waste of time, expensive and less responsive to the public interest, or considered too formalist and too technical. Indigenous peoples have long settled disputes that occur in deliberation through indigenous institutions. Customary law as a legal system has its own pattern in resolving disputes. Customary law has a distinctive and unique character when compared toother legal stems. Customary law is organized and built upon the values, rules, and norms agreed upon and believed to be true by indigenous communities. Rokan IV Koto Kabupaten Rokan Hulu community with its indigenous cultural potential consisting of various tribes such as Malay, minang, batak and jawa tribes and several other tribes became the basis of researchers’ choice to conduct research related to dispute resolution by indigenous stakeholders in Rokan Hulu. This research aims to find out the dispute resolution model that is under a currently underused by indigenous institutions. This method of research is empirical juridical. The Research Stage consists of: Visiting the research area, to find data, interview data sources, then process and present it according to the theory used. The study found 3 (three) things: Almost all disputes in Rokan IV Koto are resolved according to Customary Law, the most dominant of which are Land Disputes, Marriage disputes and Fights. Indigenous institutions have full authority in resolving disputes between their nephews. The model of settlement of disputes is carried out by mediation.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Hayatul Ismi
AU  - Ulfia Hasanah
AU  - Zainul Akmal
PY  - 2022
DA  - 2022/04/23
TI  - Dispute Resolution by Indigenous Functionaries as an Effort to Strengthen Indigenous Institutions
BT  - Proceedings of the 2nd Riau Annual Meeting on Law and Social Sciences (RAMLAS 2021)
PB  - Atlantis Press
SP  - 57
EP  - 60
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220406.015
DO  - 10.2991/assehr.k.220406.015
ID  - Ismi2022
ER  -