Title ISSN Print: 3109-5151 ISSN Online: 3109-516X Kantor Editor: Kampus Unesa 5 Magetan Jl.
Maospati - Bar.
No.
Kleco.
Maospati.
Kec.
Maospati.
Kabupaten Magetan.
Jawa Timur 63392 Indonesia Telp.
: 6281328527557
E-Mail: lexfavorreo@unesa.
Website: https://journal.
id/index.
php/lexfavorreo/index AuIndigenous Dayak Simpang Dua Community Customary Rights Dispute with Palm Oil Plantation Company in West KalimantanAy Article Author Ajeng Alika Nur Azizah1* Fakultas PSDKU Kampus Unesa 5.
Universitas Negeri Surabaya Abstract Objective: This study examines the legal protection of customary rights of the Dayak Simpang Dua indigenous community in Ketapang Regency.
West Kalimantan, including dispute resolution mechanisms with palm oil plantation companies and the role of local government in agrarian conflicts.
Theoretical Framework: The research is based on theories of customary rights, legal pluralism, agrarian conflict, and indigenous peoplesAo rights, which explain the relationship between customary law Coresponding Author:
Ajeng Alika Nur Azizah, and state law and reveal structural injustices in land conflicts.
Email:azizahajeng181@g Data:
Received: Jan 11, 2022.
Accepted: Mei 10, 2022.
Published: Jun 31, 2022 DOI:
DOI -
Method: This study uses a normative juridical approach with statute, case, and conceptual methods.
Legal materials include the 1945 Constitution, the Basic Agrarian Law, the Plantation Law, the Job Creation Law, and Ketapang Regency Regulations No.
7 of 2015 and No.
8 of 2020, supported by analysis of the dispute involving PT Mayawana Persada and comparisons with similar cases.
Results and Discussion: The findings show that although customary rights are formally recognized, their implementation remains weak.
Indigenous communities tend to rely on customary mechanisms, while state law is perceived as ineffective and biased toward corporate Research Implications: The study highlights the need to strengthen regulatory implementation and harmonize legal frameworks to ensure effective protection of customary rights.
Originality/Value: This research offers a normative-legal contribution by emphasizing the gap between progressive regulations and weak implementation.
Keywords: customary rights.
indigenous peoples.
Dayak Simpang Dua.
palm oil plantations.
agrarian conflicts.
INTRODUCTION
Indonesia is widely recognized for its vast diversity in cultures, ethnic groups, languages, and traditions1.
This diversity extends beyond social and cultural dimensions, influencing the Lex Favor Reo A Vol.
1 Issue 3.
Feb .
Title legal system that operates within society2.
One enduring component of this system is customary law, which continues to develop alongside societal changes3.
Within customary law, customary rights refer to communal land ownership held by indigenous communities and transmitted across These rights are closely tied to the identity of indigenous peoples, as land functions not only as an economic asset but also as a spiritual space, a source of livelihood, and a symbol of collective existence5.
The Indonesian Constitution recognizes customary rights.
Pasal 18B ayat .
UndangUndang Dasar Negara Republik Indonesia Tahun 1945 explicitly states that AuThe state recognizes and respects customary law communities and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, as regulated by lawAy 1.
This provision forms the constitutional basis for the recognition of customary rights.
In addition.
Article 3 of the Basic Agrarian Law (UUPA) also recognizes customary rights as long as they still exist in reality, provided that their control does not conflict with national interests or higher laws and regulations2.
Although customary rights have been recognized normatively, the implementation of this recognition in the field often does not go as expected3.
Many cases show that the rights of indigenous peoples are often neglected when they conflict with development, investment, or natural resource exploitation interests4.
One of the sectors that is most often a source of conflict is oil palm plantations5.
The massive expansion of oil palm plantations in Kalimantan.
Sumatra, and Sulawesi since the 1980s has given rise to various agrarian issues, particularly those related to the seizure of customary lands without the consent of indigenous peoples6.
West Kalimantan is one of the provinces with a high level of agrarian conflict due to the expansion of oil palm plantations7.
Data from various civil society organizations show that Ketapang.
Sanggau, and Bengkayang districts are the areas most prone to disputes between indigenous peoples and companies8.
These conflicts stem from companies' practices of taking control of customary lands based on government permits without going through a process of consultation and free, prior, and informed consent (FPIC) from indigenous peoples.
In fact, various national and regional regulations have affirmed the principle of consultation as an absolute requirement before customary lands can be used by third parties9.
The case of land tenure dispute between the Dayak Simpang Dua indigenous community and PT Mayawana Persada in Ketapang Regency is one such example.
The company cleared land for oil palm plantations in an area recognized by the community as customary land without Zayanti Mandasari.
AuPolitik Hukum Pengaturan Masyarakat Hukum Adat (Studi Putusan Mahkamah Konstitus.
,Ay Jurnal Hukum Ius Quia Iustum 21, no.
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org/10.
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Dina Catur Ayu Ningtyas.
AuHak Atas Tanah Sebagai Dasar Pembuktian Bagi Pemiliknya Dalam Hukum Agraria Yang Di Dasari Uupa,Ay COURT REVIEW: Jurnal Penelitian Hukum .
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3, no.
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Syariah, and Iain.
AuPERAN PENDIDIKAN MULTIKULTURAL DALAM MENCIPTAKAN KESADARAN HUKUM MASYARAKAT PLURAL.
Ay Mandasari.
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Ay Kasmanedi Kasmanedi.
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AuPendaftaran Tanah Di Atas Tanah Ulayat: Dilema Antara Hukum Negara Dan Hukum Adat,Ay Jurnal Ilmu Sosial 3, no.
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AuDinamika Konflik Agraria Di Indonesia: Faktor Penyebab Dan Dampaknya,Ay FOKUS: Publikasi Ilmiah Untuk Mahasiswa 23, no.
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Sandy Leo et al.
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Lex Favor Reo A Vol.
1 Issue 3.
Feb .
Title consulting the Dayak Simpang Dua Customary Council10.
This action clearly provoked resistance from the indigenous community, who viewed the land as ancestral heritage dating back to the Sukadana kingdom.
As a result, resistance actions emerged, ranging from verbal warnings and traditional deliberations to the imposition of traditional sanctions in the form of fines, gongs, and tajau.
On the other hand, the Ketapang Regency Government has actually issued Regional Regulation No.
7 of 2015 concerning Licensing and Guidance for Plantation Businesses and Partnership Patterns, as well as Regional Regulation No.
8 of 2020 concerning the Recognition and Protection of Customary Law Communities.
Both regulations clearly stipulate that companies are required to consult with indigenous communities before using customary land, and grant indigenous communities the right to conduct customary trials to resolve disputes.
However, the implementation of these regulations is often ineffective due to weak local government supervision and bias towards investor interests11.
This phenomenon shows a disharmony between state law and customary law.
On the one hand, state law recognizes and provides protection for customary rights, but on the other hand, practices in the field show neglect and deprivation of rights12.
Indigenous peoples ultimately place greater trust in customary legal mechanisms as instruments for dispute resolution, because state law is considered slow, biased, and often even serves as an instrument for legalizing land The issue of customary land rights disputes not only has legal implications, but also causes social, economic, and ecological consequences14.
From a social perspective, there has been disintegration between indigenous peoples and the government, as well as an increase in the potential for horizontal conflict.
From an economic perspective, indigenous peoples have lost their livelihoods, which had been dependent on forests, fields, and rivers15.
From an ecological perspective, the clearing of land for palm oil plantations causes forest destruction, a reduction in biodiversity, and environmental pollution16.
Customary Rights in the Perspective of Customary Law and National Law Historically, customary rights have long been recognized in Indonesia's customary legal Van Vollenhoven, a Dutch legal expert who studied customary law in the Dutch East Rupita Arkanudin.
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Ketapang .
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Muhammad Syukur.
AuAnalisis Yuridis Permenag Nomor 5 Tahun 1999 Tentang Eksistensi Hak Ulayat Dalam Hukum Agraria Nasional,Ay Dinamika: Jurnal Ilmiah Ilmu Hukum 26, no.
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I Gusti Ayu Stefani Ratna Maharani.
AuPengadopsian Mediasi Sebagai Alternatif Penyelesaian Sengketa Dalam Ranah Penyelesaian Konflik Hukum Adat Di Bali,Ay Jurnal Hukum Lex Generalis 5, no.
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AuEtnografi Konflik Masyarakat Batu Daya Dengan Perusahaan PT .
Swadaya Mukti Prakarsa Di Simpang Dua .
Ketapang .
Kalimantan Barat.
Ay V Hari Supriyanto.
AuKontradiksi Hak Komunal Dan Hak Ulayat Dalam Hukum Pertanahan Indonesia : Tinjauan Yurisprudensi Dan Regulasi Indonesia,Ay Tunas Agraria .
380Ae400, https://doi.
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MH.
Muthia Septarina SH.
MH.
Nahdhah.
Salamiah.
SH.
MH.
Ningrum Ambarsari.
SH.
AuPerlindungan Hukum Kearifan Lokal Masyarakat Adat Akibat Alih Fungsi Lahan Gambut Dan Rawa Menjadi Perkebunan Kelapa Sawit Di Kabupaten Barito Kuala,Ay Badamai Law Journal 7, no.
: 47Ae61, https://doi.
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Mulyana Jaya Sumpena.
AuPengakuan Hak Ulayat Suku Baduy Indonesia Dengan Suku Aborigin Australia Dalam Perspektif Hukum Tanah,Ay Jurnal Cahaya Mandalika ISSN 2721 A, 2024, 2072Ae91, https://w.
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php/jcm/article/download/3059/2451.
Lex Favor Reo A Vol.
1 Issue 3.
Feb .
Title Indies, introduced the concept of beschikkingsrecht, or the right of a customary community to control land18.
This right is not the same as individual property rights, because it is communal in nature and governed by customary norms that exist within the community19.
In Dayak indigenous communities, customary land is not only understood as an economic asset, but also has religious and symbolic value20.
Forests, rivers, fields, and sacred sites have spiritual significance closely tied to local belief systems21.
However, from colonialism to modern times, customary rights have often been viewed as an obstacle to development22.
Colonial agrarian policies such as the Agrarische Wet 1870 opened the door for private companies to take control of people's land 23.
Although after Indonesia's independence, the 1960 Basic Agrarian Law (UUPA) was enacted, recognizing customary rights, its implementation remains challenging24.
The state often interprets customary rights narrowly, recognizing them only if they do not conflict with national This interpretation has opened the door for the state to grant plantation, mining, and forestry concessions in customary territories without the consent of local communities.
Agrarian Conflict in West Kalimantan West Kalimantan is one of the provinces with the highest levels of agrarian conflict in Indonesia26.
According to a report by the Agrarian Reform Consortium (KPA), over the past two decades, hundreds of thousands of hectares of land in West Kalimantan have been granted permits for oil palm plantations.
The districts of Ketapang.
Sanggau.
Sintang, and Bengkayang have been the main locations for oil palm expansion27.
Many conflicts arise from overlapping claims between company concessions and customary territories.
For example, the case between PT Ledo Lestari and the Dayak Iban indigenous community in Semunying Jaya Village.
Bengkayang, where the company cleared land without consulting the indigenous community28.
A similar case occurred among the Dayak Kanayatn indigenous community in Landak, who rejected the entry of a palm oil company because they considered it to be seizing their ancestral This pattern of conflict reveals a structural problem in agrarian governance: the state tends to side with investors, while customary rights are seen as an obstacle.
The case of the Dayak Simpang Dua indigenous community in Ketapang Regency with PT Mayawana Persada adds to Sofyan Pulungan.
AuMenelaah Masa Lalu.
Menata Masa Depan: Sejarah Hukum Tanah Ulayat Dan Model Penanganan Konflik Sosialnya,Ay Undang:
Jurnal Hukum .
235Ae67, https://doi.
org/10.
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Nadia Elvin Eka Azaria.
AuPengakuan Tanah Ulayat Masyarakat Hukum Adat Untuk Pembangunan Nasonal,Ay Jurnal Hukum Lex Generalis.
9, no.
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Yuliyanto Yuliyanto.
AuPeranan Hukum Adat Masyarakat Dayak Dalam Menyelesaikan Konflik Untuk Mewujudkan Keadilan Dan Kedamaian,Ay Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 6, no.
: 37, https://doi.
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Miasiratni.
AuPeran Peraturan Daerah Dalam Melindungi Hak-Hak Masyarakat Adat Di Indonesia,Ay Journal of Global Legal Review 2, no.
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Amrita Ajeng Safitri et al.
AuEksistensi Hukum Adat Dalam Tata Hukum Indonesia,Ay Rechtenstudent 3, no.
: 214Ae30, https://doi.
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Slamet Catur Pamungkas.
AuTransformasi UU Agraria Tahun 1870 Ke UUPA 1960 Pada Masa Dekolonisasi Kepemilikan Tanah Pasca Kemerdekaan Di Indonesia,Ay Al-Isnad: Journal of Islamic Civilization History and Humanities 2, no.
: 43Ae59, https://doi.
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Supriyanto.
AuKontradiksi Hak Komunal Dan Hak Ulayat Dalam Hukum Pertanahan Indonesia : Tinjauan Yurisprudensi Dan Regulasi Indonesia.
Ay Ikhsan Lubis et al.
AuIntegrasi Hukum Adat Dalam Sistem Hukum Agraria Nasional: Tantangan Dan Solusi Dalam Pengakuan Hak Ulayat,Ay Tunas Agraria 8, no.
: 143Ae58, https://doi.
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Fauziah Agisty et al.
AuPembaharuan Hukum Agraria Dan Perlindungan Hak-Hak Masyarakat Hukum Adat,Ay Locus Journal of Academic Literature Review 4, no.
: 52Ae60.
Apriadi Apriadi.
Novira Kusrini, and Anita Suharyani.
AuDampak Pembangunan Perkebunan Kelapa Sawit Pt.
Mak (Musthika Abadi Khatulistiw.
Terhadap Kondisi Sosial Ekonomi Masyarakat Di Desa Sekilap Kecamatan Mandor Kabupaten Landak,Ay Perkebunan Dan Lahan Tropika 14, no.
: 7, https://doi.
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Bernica Putri Fasius.
AuPenyelesaian Konflik Hak Ulayat Melalui Sanksi Adat (Studi Kasus Masyarakat Adat Dayak Simpang Du.
,Ay Jurnal Hukum.
Politik Dan Kekuasaan 4, no.
: 175Ae94, https://doi.
org/10.
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Lex Favor Reo A Vol.
1 Issue 3.
Feb .
Title the long list of agrarian conflicts in Kalimantan.
Although the local government has issued Local Regulation No.
8 of 2020 on the Recognition and Protection of Indigenous Peoples, the implementation of this recognition does not automatically guarantee protection.
The reality on the ground shows that indigenous peoples still have little bargaining power when dealing with large companies that have obtained permits from the state29.
The Theory of Legal Pluralism and Structural Conflict The phenomenon of customary rights conflicts can be analyzed through the perspective of legal pluralism, which is a condition where more than one legal system applies within a single social space.
In the Indonesian context, there are at least three legal systems that coexist: state law, customary law, and religious law30.
Conflicts often arise because state law tends to be dominant, while customary law is considered subordinate31.
In fact, indigenous peoples place greater trust in customary law as the primary mechanism for regulating their lives32.
The conflict between the customary rights of the Dayak Simpang Dua indigenous community and PT Mayawana Persada reflects the tension between state law and customary law.
State law, through legislation and local regulations, recognizes customary rights, but its implementation often weakens the position of customary law33.
This is in line with Johan Galtung's theory of structural conflict, which states that structural injustice arises when a country's legal and policy systems systematically favor dominant groups .
orporations and the stat.
and marginalize weaker groups .
ndigenous people.
Regulatory and Implementation Disharmony There are many regulations governing the protection of customary rights.
In addition to the 1945 Constitution and the Basic Agrarian Law, there are also Law No.
39 of 2014 on Plantations.
Law No.
11 of 2020 on Job Creation, and Ketapang Regional Regulations No.
7/2015 and No.
8/2020.
However, disharmony occurs because these regulations are inconsistent and often open to multiple interpretations.
For example, the Plantation Law requires companies to consult with indigenous peoples if customary land is to be used, but at the same time, the government can still grant business licenses on customary land if it is deemed to be in the interests of development.
Practices in the field show that company concession permits are often issued first, and only then are indigenous peoples asked to consult.
As a result, the bargaining position of indigenous peoples is very weak because the consultation process is only a formality.
Law enforcement officials often side with companies and even take action against indigenous peoples who protest on charges of disturbing the peace.
RESEARCH METHODS
This study uses a normative juridical method to examine how legal protection of the customary rights of the Dayak Simpang Dua indigenous community is implemented, as well as AuPeraturan Daerah Kabupaten Ketapang Nomor 8 Tahun 2020 Tentang Pengakuan Dan Perlindungan Masyarakat Hukum Adat,Ay Pub.
No.
8, https://peraturan.
, https://w.
com/insights/block-caving-aviable-alternative/.
Supriyanto.
AuKontradiksi Hak Komunal Dan Hak Ulayat Dalam Hukum Pertanahan Indonesia : Tinjauan Yurisprudensi Dan Regulasi Indonesia.
Ay Berliant Pratiwi.
Poppy Fitrijanti Soeparan, and Widodo Wibisono.
AuPeran Hukum Adat Dalam Penyelesaian Sengketa Agraria Di Indonesia: Kajian Empiris Dengan Metode Komparatif,Ay Hakim: Jurnal Ilmu Hukum Dan Sosial 2, no.
: 807Ae22, https://doi.
org/10.
51903/hakim.
Muhammad Zulfiqri Lubis et al.
AuKedudukan Hukum Adat Dalam Perkembangan Ilmu Hukum Di Indonesia,Ay Jurnal Pendidikan Tambusai 9, no.
: 2844.
Safrin Salam et al.
AuPengakuan Hak Atas Tanah Ulayat Masyarakat Hukum Adat Di Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja: Perspektfi Teori Hukum Kritis,Ay Jurnal Interpretasi Hukum 5, no.
: 721Ae 32, https://doi.
org/10.
22225/juinhum.
Sahrul Ari Irawan et al.
AuPeran Pemerintah Daerah Dalam Penyelesaian Konflik Menahun Masyarakat Adat Dengan Perusahaan Perkebunan Karet Di Kabupaten Tulang Bawang Barat Provinsi Lampung,Ay Ganaya : Jurnal Ilmu Sosial Dan Humaniora 6, no.
: 922Ae35, https://doi.
org/10.
37329/ganaya.
Lex Favor Reo A Vol.
1 Issue 3.
Feb .
Title how the dispute resolution process with palm oil companies is carried out in the Ketapang Regency.
West Kalimantan.
This study is descriptive-analytical in nature, which means it describes the applicable legal provisions and analyzes their suitability with actual practices in the To strengthen the analysis, this study integrates multiple methodological approaches.
The statute approach focuses on reviewing key legal frameworks such as the 1945 Constitution, the 1960 Basic Agrarian Law, the Plantation Law, the Job Creation Law, as well as Ketapang Regency Regulations No.
7 of 2015 and No.
8 of 2020.
The case approach centers on examining the conflict between the Dayak Simpang Dua indigenous community and PT Mayawana Persada, with additional comparisons to similar disputes in other indigenous communities.
Meanwhile, the conceptual approach is grounded in the application of theories related to customary rights, legal pluralism, and agrarian conflict.
This study uses various legal sources, ranging from primary legal materials such as regulations and court decisions to secondary legal materials such as books, journals, and previous In addition, tertiary legal materials such as legal dictionaries and encyclopedias are also used to clarify important terms.
All data was collected by reviewing various relevant library The analysis of legal materials was conducted in a descriptive-analytical manner, by describing existing norms, identifying disharmony between state law and customary law, and then using legal theories to draw conclusions regarding the protection of customary rights and the resolution of customary land disputes.
ANALYSIS AND DISCUSSION
The Position of Customary Rights in the National Legal System and Customary Law The customary rights of indigenous peoples are one of the pillars of Indonesian agrarian law35.
UUD 1945 Pasal 18B ayat .
dan Pasal 3 UUPA 1960 recognize customary law communities and their traditional rights, as long as they are still alive and do not conflict with national interests36.
In the context of the Dayak Simpang Dua indigenous community, the existence of customary rights is unquestionable, because to this day the community still practices a collective system of customary land ownership with rules regulated by the Customary Council37.
Normatively, this recognition is reinforced by Ketapang Regency Regulation No.
7 of 2015 and Regulation No.
8 of 2020, which regulate plantation licensing and the protection of customary law communities.
These regulations emphasize the obligation of companies to hold consultations before utilizing customary land and legitimize customary courts to resolve disputes.
In many cases, recognition is limited to formal or normative acknowledgment.
Nevertheless, the government continues to grant business permits without the approval of indigenous communities.
This situation indicates an inconsistency between state law and customary law in practice.
The study identifies a normative-implementation gap, which contrasts with prior research .
Taqwaddin, 2017.
Rukka Sombolinggi, 2.
that primarily highlighted sociological realities rather than providing an in-depth analysis of the normative legal structure.
Lubis et al.
AuIntegrasi Hukum Adat Dalam Sistem Hukum Agraria Nasional: Tantangan Dan Solusi Dalam Pengakuan Hak Ulayat.
Ay Darnia et al.
AuAnalisa Sengketa Lahan Antara Perusahaan Perkebunan Kelapa Sawit Dengan Masyarakat Desa.
Ay Fasius.
AuPenyelesaian Konflik Hak Ulayat Melalui Sanksi Adat (Studi Kasus Masyarakat Adat Dayak Simpang Du.
Ay Lex Favor Reo A Vol.
1 Issue 3.
Feb .
Title Dispute over the Customary Rights of the Dayak Simpang Dua with PT Mayawana Persada 1 Chronology of the Dispute PT Mayawana Persada cleared palm oil land in an area claimed by the Dayak Simpang Dua indigenous community as customary land.
The company cleared the land without holding customary consultations and without implementing the free, prior, and informed consent (FPIC) mechanism.
However, the FPIC principle is an international standard and a mandate of Ketapang Regional Regulation No.
8 of 2020.
This failure to comply with the obligation to consult is the main trigger for the For the indigenous community, the land is an ancestral inheritance dating back to the Sukadana kingdom, so clearing the land without permission is tantamount to seizure.
2 Response from Indigenous Communities The Dayak Simpang Dua community sought a resolution based on customary The first step was to issue a warning to the company, followed by a customary As no agreement was reached, the Customary Council finally imposed customary sanctions in the form of fines to be paid in cash, gongs, and tajau.
This mechanism reflects that customary law still functions as a legitimate means of dispute resolution in the eyes of the community38.
3 The Role of Local Government Local governments tend to be passive.
Government involvement only emerges after conflicts have been going on for quite some time.
In fact.
Local Regulations 7/2015 and 8/2020 require the government to conduct supervision and mediation from the outset.
This reveals structural weaknesses in the implementation of local laws.
Unlike previous studies that only highlighted the resistance of indigenous peoples, the results of this normative study emphasize the ineffectiveness of local governments in enforcing local regulations as one of the main factors that exacerbate conflicts.
Normative Analysis of Dispute Resolution 1 Disharmony between State Law and Customary Law Theoretically, state law and customary law should complement each other.
However, this study shows that what actually occurs is weak legal pluralism, in which customary law is only recognized as long as it does not conflict with state law.
practice, it is state law that often weakens the position of customary law39.
Indigenous peoples trust customary law more because its mechanisms are simple, fast, and considered fairer.
State law, which is supposed to protect them, is considered biased because permits are granted without considering the consent of the community.
2 Strengths and Weaknesses of Customary Mechanisms The mechanism of resolution through customary law has proven capable of reducing conflict and maintaining social harmony40.
Customary rulings are accepted collectively by the community, giving them a high degree of social legitimacy.
However, from a positive law perspective, customary rulings have no executive power.
If a company refuses to pay customary sanctions, there is no formal legal instrument that can force them to comply.
3 Weaknesses in Government Oversight Adi Kusyandi and Sahda Salsabila Murtiningsih.
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Retno Kus Setyowati.
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: 131Ae42, https://doi.
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Septiyan Hudan Fuadi.
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86Ae111, https://doi.
org/10.
37680/almanhaj.
Lex Favor Reo A Vol.
1 Issue 3.
Feb .
Title Local regulations provide sufficient legal basis for protecting customary rights, but weak government oversight prevents these norms from being effectively This is where the difference with previous studies lies: this normative study emphasizes that the main problem is not only the conflict between the community and the company, but also the absence of the state's function as a supervisor and law Comparison with Previous Research Earlier studies by Taqwaddin .
and Rukka Sombolinggi .
have emphasized empirical realities, especially the resistance strategies of indigenous communities grounded in customary law.
This study, however, complements such approaches by incorporating a normative-legal analysis that highlights the gap between regulations and their application.
The results reveal that conflicts are driven not merely by the limited bargaining power of indigenous peoples, but also by the stateAos inability to implement the laws it has established.
Therefore, this study offers a distinct contribution by showing that local regulatory frameworks are relatively progressive, yet their ineffective enforcement renders them insufficient to safeguard customary rights.
Theoretical and Practical Implications From a theoretical perspective, the results of this study reinforce the concept of legal pluralism, namely that customary law in Indonesia remains subordinate to state law.
The case of Dayak Simpang Dua shows how fragile the protection of customary rights is when faced with investment interests.
From a practical standpoint, this study emphasizes the need for:
Strengthening the implementation mechanism of local regulations through active supervision by local governments.
Harmonizing national and local laws by emphasizing FPIC obligations in every business permit.
Formally recognizing customary decisions by giving them legal force so that companies cannot ignore them.
CONCLUSION
This study shows that the customary rights of the Dayak Simpang Dua indigenous community have been normatively recognized by the 1945 Constitution, the 1960 Basic Agrarian Law, and local regulations in Ketapang Regency, particularly Local Regulation No.
7 of 2015 and Local Regulation No.
8 of 2020.
However, this recognition has not been fully implemented in practice.
The conflict with PT Mayawana Persada reveals a disharmony between state law and customary law.
Indigenous peoples trust customary law more as an instrument for dispute resolution because it is considered fairer, faster, and more legitimate, but customary mechanisms have a fundamental weakness, namely the absence of formal executive power.
Companies can simply ignore customary sanctions without any clear legal consequences.
The findings indicate that the role of local government remains limited, particularly in terms of weak supervision and delayed intervention.
Although regional regulations appear progressive, their implementation has not been carried out effectively.
This situation suggests that the core issue extends beyond conflicts between indigenous peoples and companies, pointing instead to the lack of an active state role in ensuring the protection of customary rights.
From a theoretical standpoint, this study reinforces the notion of weak legal pluralism, where customary Agustin Adisaputra Simamora.
Hasim Purba, and Rosnidar Sembiring.
AuPerlindungan Hukum Terhadap Hak Ulayat Atas Tanah Masyarakat Hukum Adat Batak Toba Di Desa Simardangiang.
Kecamatan Pahae Julu.
Kabupaten Tapanuli Utara,Ay Jurnal Ilmu Hukum.
Humaniora Dan Politik 5, no.
: 1679Ae90, https://doi.
org/10.
38035/jihhp.
Lex Favor Reo A Vol.
1 Issue 3.
Feb .
Title law is formally recognized but remains subordinate to state law.
In practical terms, it shows that existing regulatory frameworks are still insufficient to provide tangible protection for indigenous REFERENCES