Contestation of Customary Civil Law and State Law in Agrarian Disputes

A Critical Analysis of the Protection of Indigenous Peoples' Rights

Abstract

Agrarian disputes in Indonesia reflect complex dynamics resulting from the contestation between customary civil law and state law. This study focuses on the forms of legal contestation in agrarian disputes and their implications for the protection of indigenous peoples’ rights. The increasing number of agrarian conflicts indicates persistent inequality in the recognition and protection of indigenous communities, where state law tends to dominate customary law. This research aims to critically analyze the forms of contestation between customary law and state law as well as their impact on the legal protection of indigenous peoples. The study employs a library research method with a qualitative approach and a juridical-normative nature. Research data were obtained from secondary sources, including laws and regulations, books, and relevant scientific journals. Data analysis was conducted using content analysis techniques to identify patterns of legal contestation and their effects on indigenous communities. The findings reveal that legal contestation occurs in normative, juridical, structural, cultural, and implementation dimensions. The dominance of state law based on formal legality has led to the marginalization of customary law and weakened the protection of indigenous peoples’ rights. Therefore, a reconstruction of agrarian law that accommodates substantive legal pluralism is necessary to achieve justice and legal protection for indigenous communities.