A new peer-reviewed study by Indonesian legal scholars has found that traditional models of customary land management significantly reduce conflict and improve satisfaction among Indigenous communities, offering important lessons for regional governments across Indonesia. The research was conducted by Basyarudin of Universitas Pamulang, together with Burhanuddin and Oyo Sunaryo Mukhlas from Universitas Islam Negeri (UIN) Sunan Gunung Djati Bandung, and published in 2026 in the Indonesian Journal of Contemporary Multidisciplinary Research (MODERN).
The study examines how local governments and Indigenous communities interact in managing tanah ulayat, or customary land, under Indonesia’s regional autonomy system. This issue matters because disputes over land rights remain one of the most persistent sources of social conflict in Indonesia, particularly in resource-rich regions where development pressures often clash with Indigenous traditions. The authors found that regions relying on traditional governance mechanisms experienced far fewer conflicts—only 15 percent—and much higher community satisfaction—85 percent—compared with more centralized, modern management approaches.
Why customary land governance matters today
Indonesia formally recognizes Indigenous communities and their traditional land rights under the 1945 Constitution and subsequent land laws. At the same time, decentralization policies have given local governments greater authority over land use, investment, and development planning. In practice, these overlapping systems often create tension.
Rapid infrastructure development, plantation expansion, mining, and conservation projects have increased competition for land. Without clear and fair governance, Indigenous communities risk losing access to ancestral territories that sustain their livelihoods, culture, and identity. For local governments, unresolved land disputes can stall development projects and undermine public trust.
Against this backdrop, the research by Basyarudin and colleagues provides timely evidence on which governance models work best—and why.
How the research was conducted
The research used a socio-legal and empirical approach, combining legal analysis with field data. The authors examined land governance practices in five Indonesian provinces: East Kalimantan, South Sulawesi, Papua, West Sumatra, and Maluku.
Data were collected through:
- Interviews with 20 local government officials
- Interviews with 25 Indigenous leaders
- Interviews with 15 legal experts
- Analysis of national laws, regional regulations, court decisions, and policy documents
By comparing legal frameworks with real-world implementation, the researchers were able to assess not just what the law says, but how it actually functions on the ground.
Key findings: traditional models outperform modern systems
One of the most striking findings is the clear difference in outcomes between land management models.
The study identified three main approaches:
- Traditional models, led primarily by customary institutions
- Hybrid models, combining customary authority with government oversight
- Modern models, dominated by formal bureaucratic control
The results were consistent across regions:
Traditional models
- Conflict rate: 15%
- Community satisfaction: 85%
- Implementation costs: Low
Hybrid models
g- Conflict rate: 25%
- Community satisfaction: 65%
Modern models
g- Conflict rate: 45%
- Community satisfaction: 35%
- Implementation costs: High
Traditional systems rely on Indigenous decision-making processes, local norms, and consensus-building. These approaches tend to resolve disputes early and maintain social harmony. In contrast, modern systems often introduce complex bureaucracy, unclear authority, and limited community participation.
The study also found that strong institutions matter more than written laws alone. East Kalimantan, for example, achieved better outcomes because it has a dedicated office for Indigenous affairs and consistent budget support. Papua, despite having comprehensive regulations, struggled due to limited administrative capacity and complex social conditions.
Voices from the field
Interviews revealed shared frustrations across stakeholder groups.
- 95 percent of Indigenous leaders said official recognition of customary land rights is too slow.
- 90 percent reported limited participation in decision-making.
- 85 percent emphasized the need for stronger involvement of Indigenous communities in planning and management.
Local government officials highlighted different concerns:
- 90 percent cited budget constraints
- 85 percent pointed to limited technical capacity
- 80 percent identified coordination problems between agencies
According to co-author Oyo Sunaryo Mukhlas of UIN Sunan Gunung Djati Bandung, effective legal reconstruction must go beyond formal compliance. He emphasizes that “justice should reflect living values and social realities, not merely written regulations,” underscoring the importance of customary law as a living system rooted in collective fairness.
Implications for policy and development
The findings carry important implications for policymakers, development planners, and investors.
First, strengthening traditional and hybrid governance models can reduce costly land disputes and build trust with Indigenous communities. Second, legal recognition must be matched with institutional capacity, including trained staff, clear authority, and stable funding. Third, technology—such as digital mapping—can support land management, but only if it complements rather than replaces customary practices.
For Indonesia’s regional governments, the study suggests that respecting Indigenous governance is not an obstacle to development, but a pathway to more sustainable and inclusive growth.
Looking ahead
The authors recommend simplifying administrative procedures, improving coordination between agencies, and developing adaptive land management models tailored to local contexts. Long-term success, they argue, depends on continuous dialogue and shared responsibility between governments and Indigenous peoples.
As land conflicts continue to challenge Indonesia’s development agenda, this research provides clear evidence that empowering customary systems can deliver better outcomes for both communities and the state.
Author profiles
- Basyarudin, S.H., M.H. is a lecturer at Universitas Pamulang, specializing in land law, regional autonomy, and Indigenous legal systems.
- Burhanuddin, S.H., M.H. is a legal scholar at Universitas Islam Negeri Sunan Gunung Djati Bandung, with expertise in public and customary law.
- Oyo Sunaryo Mukhlas, S.H., M.H. is a senior academic at UIN Sunan Gunung Djati Bandung, known for his work on legal pluralism and substantive justice.
Source
Year: 2026
DOI: https://doi.org/10.55927/modern.v5i1.23
0 Komentar