TY - JOUR
T1 - Customary Law or State Law
T2 - The Settlement of Marine Resource Disputes in The Kei Islands Community
AU - Ratuanak, Andreas Maria Damasus
AU - Irianto, Sulistyowati
AU - Lestarini, Ratih
N1 - Publisher Copyright:
© 2022, University of Indonesia Faculty of Law. All rights reserved.
PY - 2022
Y1 - 2022
N2 - The Kei Islands natives have applied a case settlement system, known as the customary judiciary, since the olden days. This is a forum in the Larvul Ngabal customary law system with a high authority that is widely obeyed and used in resolving disputes by the community. Through a field approach, this research aimed to explain the continued use of the settlement of natural resource disputes by a "customary judge" in the Kei Islands as a reference by the community. The findings revealed that customary settlement forums are still employed in resolving natural resource disputes because they provide a sense of justice. Customary settlements are aimed at punishing the perpetrators as well as diminishing the impact of the dispute on victims, their families, and the social environment. The research also discovered that the settlements utilized in the Kei Islands developed from the dated dichotomy to produce hybrid dispute resolution models.
AB - The Kei Islands natives have applied a case settlement system, known as the customary judiciary, since the olden days. This is a forum in the Larvul Ngabal customary law system with a high authority that is widely obeyed and used in resolving disputes by the community. Through a field approach, this research aimed to explain the continued use of the settlement of natural resource disputes by a "customary judge" in the Kei Islands as a reference by the community. The findings revealed that customary settlement forums are still employed in resolving natural resource disputes because they provide a sense of justice. Customary settlements are aimed at punishing the perpetrators as well as diminishing the impact of the dispute on victims, their families, and the social environment. The research also discovered that the settlements utilized in the Kei Islands developed from the dated dichotomy to produce hybrid dispute resolution models.
KW - customary dispute settlement
KW - Kei Islands
KW - legal pluralism
KW - marine resources
UR - http://www.scopus.com/inward/record.url?scp=85183145631&partnerID=8YFLogxK
U2 - 10.54828/ijsls.2022v2n1.2
DO - 10.54828/ijsls.2022v2n1.2
M3 - Article
AN - SCOPUS:85183145631
SN - 2808-2591
VL - 2
JO - Indonesian Journal of Socio-Legal Studies
JF - Indonesian Journal of Socio-Legal Studies
IS - 1
M1 - 2
ER -