The Constitutionality of Customary Courts Dispute Resolution in Indigenous Communities From Tana Toraja Regency
Muhammad Zulkifli Muhdar, La Ode Husen, Zainuddin

Faculty Of Law, Universitas Muslim Indonesia (UMI) Makassar, Indonesia

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.

Keywords: Constitutionality, Customary Courts, Indigenous Peoples, Lembang.

Topic: Local Wisdom (Customary Law)