Integration of Customary Law and State Law in Resolving Natural Resource Conflicts in Indigenous Areas

Abstract

Conflicts over natural resource management in indigenous territories often arise from the misalignment between customary law, rooted in communal traditions, and state law, oriented toward formal regulations and economic interests. This study aims to analyze the mechanisms for integrating customary and state law in resolving such disputes, identify field challenges, and propose policy recommendations to strengthen indigenous rights. Using a qualitative literature review, data were drawn from books, journal articles, legislation, policy documents, and reports—primarily from the past decade—sourced from reputable academic databases. The analysis applied descriptive and thematic content analysis to identify integration models and their effectiveness. Findings reveal three main integration mechanisms: (1) normative-hybrid approaches, where state law formally recognizes customary rights; (2) joint institutional mechanisms involving both indigenous leaders and government agencies; and (3) procedural incorporation of customary processes into formal dispute resolution. While these mechanisms enhance legitimacy, foster compliance, and build trust, they face challenges including legal dualism, weak customary institutions, unclear legal protections, economic-political pressures, and inadequate monitoring. Case studies, such as those from West Kalimantan’s Dayak communities, illustrate both the potential and limitations of hybrid models. Effective integration requires robust legal frameworks, strengthened indigenous capacity, and inclusive monitoring systems. This research underscores the importance of legally and culturally legitimate conflict resolution to promote sustainable environmental management and prevent recurrent disputes.