Rian Cantona

Dynamics of customary land disputes and implementation of indigenous peoples' rights: a systematic study in the perspective of indonesian agrarian law

Introduction

Dynamics of customary land disputes and implementation of indigenous peoples' rights: a systematic study in the perspective of indonesian agrarian law. Systematic study on customary land disputes in Indonesia. Analyzes causal factors, weak enforcement, and evaluates solutions for indigenous peoples' rights under Indonesian agrarian law.

Abstract

Customary land disputes are an agrarian problem that continues to occur in Indonesia due to the unsynchronization between customary law and state law. Although the Basic Agrarian Law (UUPA) and several Constitutional Court decisions have recognized the rights of indigenous peoples to customary land, its implementation still encounters various obstacles. This study aims to analyze the main causal factors of customary land disputes and evaluate the effectiveness of existing regulations and settlement mechanisms. Using a systematic literature review method, this research examines various legal, social, economic and political aspects that influence the dynamics of customary land conflicts in Indonesia. The results show that unsynchronized regulations, weak law enforcement, and investment and development interests are the main factors that trigger conflicts between indigenous peoples, the government, and the private sector. In addition, the lack of legal protection mechanisms for indigenous peoples causes them to often experience evictions and criminalization when defending their customary land rights. The study also highlights more effective dispute resolution models, including strengthening the role of customary institutions, implementing Free, Prior, and Informed Consent (FPIC) mechanisms, and establishing independent institutions to deal fairly with agrarian conflicts

Review

This systematic review addresses a critically important and persistent issue within Indonesian agrarian law: the dynamics of customary land disputes and their profound impact on the rights of indigenous peoples. The study immediately establishes its relevance by highlighting the fundamental unsynchronization between customary and state law, a well-recognized challenge despite constitutional recognition of indigenous land rights. Utilizing a systematic literature review methodology, the research comprehensively aims to dissect the primary causal factors driving these disputes and to evaluate the efficacy of existing regulatory frameworks and settlement mechanisms. This interdisciplinary approach, considering legal, social, economic, and political dimensions, promises a holistic understanding of a complex multi-faceted problem. The findings presented in the abstract reveal a clear diagnosis of the root causes, identifying unsynchronized regulations, weak law enforcement, and the pervasive influence of investment and development interests as major triggers for conflicts between indigenous communities, the government, and the private sector. Furthermore, the study effectively highlights the dire consequences faced by indigenous peoples due to insufficient legal protection, frequently leading to evictions and criminalization when they attempt to defend their ancestral lands. This synthesis of causal factors and their adverse outcomes provides valuable insight into the systemic challenges hindering the effective implementation of indigenous land rights, underscoring the urgency of addressing these structural deficiencies. Crucially, the study does not merely identify problems but also proposes concrete and actionable solutions. It advocates for more effective dispute resolution models, specifically emphasizing the strengthening of customary institutions, the rigorous application of Free, Prior, and Informed Consent (FPIC) mechanisms, and the establishment of independent bodies dedicated to fairly resolving agrarian conflicts. These recommendations offer a clear pathway for policy makers, legal practitioners, and indigenous communities to pursue more equitable and sustainable land governance. Overall, this systematic review appears to be a timely and valuable contribution to the discourse on Indonesian agrarian reform, providing a robust analytical framework and practical suggestions for protecting the rights of indigenous peoples.

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