Analysis of Customary Land Conflict Resolution Strategies Based on Customary Law, Cultural Concepts, and Local Wisdom in Indonesia

Abstract

Objective: Indonesia occurs due to problems related to the subject and object of customary land. The two sides of the conflict are Acehnese Customary peoples and private companies. Acehnese Customary peoples as subjects of customary land in the Lhoknga settlement area claim a large amount of land used by private companies as Customary land. Meanwhile, according to the Company, the land is a gift from the Government as a Cultivation Rights used for mining activities. Customary land conflicts have an impact on aspects of village development. The problem that will be studied by the author in this study is to identify the causes of customary land conflicts in Lhoknga Settlement, Aceh Besar Regency.   Methods: The methodology of this research is carried out and the way of data collection which includes the steps of conducting the research. Data analysis with a multi-criteria decision model (MCDA) – AHP to determine a decision in conflict resolution that occurs is carried out with an effective synthesis method pattern to support decision making and explore the pros and cons of various alternatives.   Results: The results show that the Legality of Customary Law Peoples (MHA) will refer to formal legal certainty, the role of Customary Law Peoples (MHA) is decisive in deciding cases, and Local wisdom of the community has an influence in resolving conflicts within Customary Law Peoples (MHA).   Conclusion: the involvement of Customary peoples in resolving Customary land conflicts is very necessary to determine the position of Customary peoples and Customary land in an area that has a history of ownership based on customary law, culture and local wisdom. And stakeholders need to pay attention to the recognition of Customary peoples that have existed both before the applicable state legal norms and afterwards.