Pluralisme Hukum dalam Penyelesaian Sengketa Berkepentingan Umum: Kajian Pustaka tentang Relasi antara Peradilan Negara dan Hukum Adat di Indonesia

Abstract

Indonesia has a system of legal pluralism characterised by the interaction of state law, customary law, religious law and local social norms. This pluralism is significant in the resolution of disputes of public interest, particularly those relating to communal lands, customary forests, the environment, natural resources, spatial planning and development that affect communities governed by customary law. This article aims to analyse legal pluralism in the resolution of disputes of public interest, as well as the relationship between the state judiciary and customary law in Indonesia. The research employs a literature review method. The findings indicate that customary law functions as a living law that accommodates communal justice, collective rights, deliberation, reconciliation, and social restoration. However, its status remains subordinate as its recognition depends on administrative procedures, formal evidence, and the interpretation of the state judiciary. The state judiciary remains vital for ensuring legal certainty and the protection of constitutional rights; however, a legalistic approach may overlook the socio-historical evidence of indigenous communities. Therefore, an integrative and responsive model of legal pluralism is required through the strengthening of recognition of indigenous communities, contextual evidence, the involvement of customary institutions in mediation, and the protection of human rights and environmental sustainability.