The Role of Customary Law in Land Dispute Resolution in Rural Areas: Challenges and Prospects in the Modern Era

Abstract

Customary law has long been an integral part of the settlement of land disputes in rural communities. In the midst of social change and legal modernization, the role of customary law faces major challenges, especially in integration with the national legal system. Conflicts between customary law and positive law often occur due to the lack of formal recognition of custom-based dispute resolution mechanisms. The sustainability of customary law in the settlement of land disputes is an important issue that requires a more in-depth study to understand the challenges and prospects of its adaptation in the modern era. This study aims to analyze the role of customary law in resolving land disputes in rural areas, identify the challenges faced in its integration with national law, and explore the prospects of customary law in resolving land disputes in a sustainable manner. This study uses a qualitative method with a library research approach. Data is collected from a variety of secondary sources, including academic journals, books, and research reports relevant to the topic of customary law and land dispute resolution. The data analysis technique used is thematic analysis, which allows the identification of key patterns related to the role of customary law in resolving land disputes, its implementation challenges, and its adaptation opportunities in the future. The findings of the study show that customary law remains the main mechanism in the settlement of land disputes in many rural communities. The main advantage of customary law is its flexibility in accommodating social dynamics as well as its deliberation and consensus-based resolution. However, the main challenges faced include the lack of formal recognition from the government, the overlap of regulations with national laws, and the changing social values among the younger generation who are increasingly inclined to the formal legal system. To increase its effectiveness, a more comprehensive strategy is needed to harmonize customary law with national law and strengthen the capacity of customary institutions in resolving land disputes.