The Effectiveness of Customary Law in Resolving Land Disputes in Rural Areas: Social and Legal Perspectives in the Modern Era

Abstract

Land disputes in rural areas are often complex problems because they involve aspects of customary law, social, and national agrarian policies. Customary law is still widely used in resolving land disputes in various traditional communities, mainly because it is considered more flexible and acceptable to local communities. However, the effectiveness of customary law in the modern context is increasingly questioned due to clashes with state regulations and rapid social change. Therefore, this study aims to evaluate the effectiveness of customary law in resolving land disputes in rural areas by considering social and legal perspectives in the modern era. This study uses a literature study method by analyzing various research and legal documents related to customary law in land dispute resolution. The data sources used include scientific journals, academic books, and laws and regulations related to customary and agrarian law. The analytical technique applied is thematic analysis to identify key patterns and trends in the implementation of customary law in various social and geographical contexts. The results of the study show that customary law is still effective in resolving land disputes at the community level, mainly because of its approach based on deliberation and consensus. However, the main challenges faced are the lack of formal documentation as well as non-compliance with national legal regulations, which often hinder legal recognition of customary decisions. Therefore, an integration model between customary law and national law is needed to create a more inclusive and equitable dispute resolution system.