Albert Agus Massua, Lisma Lumentut, Yotham Th. Timbonga, Poppy Andilolo

THE EFFECTIVENESS OF MECHANISMS AND PROCEDURES FOR RESOLVING CUSTOMARY LAND DISPUTES BY ADAT JUDGES IN TANA TORAJA

Introduction

The effectiveness of mechanisms and procedures for resolving customary land disputes by adat judges in tana toraja. Study analyzes customary land dispute resolution by Adat judges in Tana Toraja. Explores mechanisms, procedures & effectiveness in maintaining social harmony, emphasizing integration with national law.

Abstract

This study examines the mechanisms and procedures for resolving customary land disputes by customary judges in Tana Toraja and the factors influencing their effectiveness. Through normative and empirical approaches, the study found that the dispute resolution process involves mediation, deliberation, and customary court sessions that emphasize local values. Factors such as community trust in customary judges, adherence to customary norms, local government support, availability of resources, and integration with the national legal system significantly affect the effectiveness of dispute resolution. The impact of globalization, customary law education, and active community participation are also important determinants. In conclusion, the customary land dispute resolution mechanism in Tana Toraja is effective in maintaining social harmony and community stability, but further harmonization with the national legal system and sustained support from various stakeholders are required.

Review

This paper addresses a highly pertinent and complex issue: the effectiveness of customary mechanisms for resolving land disputes, specifically focusing on the role of Adat judges in Tana Toraja. The study's clear objective to examine both the procedural aspects and the factors influencing their effectiveness is commendable. The adoption of a dual normative and empirical research approach promises a comprehensive analysis, integrating legal theory with practical realities on the ground, which is crucial for understanding the nuances of customary law systems operating within a modern state. The abstract outlines a multi-faceted dispute resolution process, involving mediation, deliberation, and customary court sessions, all underpinned by local values. A significant strength highlighted is the identification of a broad range of factors contributing to effectiveness. These include internal elements like community trust in Adat judges and adherence to customary norms, external support from local government and resource availability, and the critical interplay with the national legal system. Furthermore, the abstract acknowledges macro-level influences such as globalization, customary law education, and active community participation, suggesting a holistic perspective on the factors shaping the efficacy of these traditional systems. Ultimately, the study concludes that these customary mechanisms are effective in fostering social harmony and stability within Tana Toraja. However, the abstract wisely points towards the need for further harmonization with the national legal system and sustained support from various stakeholders. While the stated effectiveness is a positive finding, a deeper exploration of the challenges and specific pathways for this harmonization, particularly given the potential for conflict between customary and national legal principles, would add significant value. This research offers an important contribution to the discourse on legal pluralism and the continued relevance of traditional justice systems in contemporary societies, laying a groundwork for policy discussions on integrating customary practices within a broader legal framework.

Full Text

Comments

You need to be logged in to post a comment.