The Existence of Alternative Dispute Outside of Court through Indigenous Leaders

Abstract

: Pursuant to Article 18B paragraph (2) of the 1945 Constitution, the State recognizes and respects the unity of indigenous and tribal peoples as well as its traditional rights as long as it is alive and in accordance with the development of society and the principle of the Unitary State of the Republic of Indonesia, as governed by law. Research on “The Existence of Alternative Dispute Outside Of Court Through Indigenous Leaders” is a normative study supported by data obtained in the field. Normative legal research is a study using secondary data. The effects of globalization cause the occurrence of various types of customary law conflicts. The customary law approach in non-court settlement disputes results in a win-win solution, resulting in harmonization for the parties. Resolving conflicts with customary law approaches based on propriety, harmony, and harmony can prevent prolonged conflict and realize community harmonization. Harmonization of the life of society and nation, meaningful to realize the ideals of the struggle of the Indonesian nation that is imbued by the noble values of Pancasila, the 1945 Constitution, NKRI and Bhineka Tunggal Ika.