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Masalah-Masalah Hukum
Article . 2025 . Peer-reviewed
License: CC BY NC
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Masalah-Masalah Hukum
Article . 2025
Data sources: DOAJ
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REVITALIZING TRADITION: THE ROLE OF PAKAT PERKARA IN RESOLVING LAND DISPUTES WITHIN THE DAYAK TOBAG COMMUNITY

Authors: Salfius Seko; Alfonsus Hendri Soa;

REVITALIZING TRADITION: THE ROLE OF PAKAT PERKARA IN RESOLVING LAND DISPUTES WITHIN THE DAYAK TOBAG COMMUNITY

Abstract

Land disputes are a significant issue, especially for Indigenous communities, where traditional customs play a central role in resolving conflicts. In Tebang Benua Village, Tayan Hilir District, Sanggau Regency, the Dayak Tobag community utilizes a unique dispute resolution mechanism known as Pakat Perkara, which focuses on negotiation and consensus-building to resolve land disputes. This study examines the effectiveness of the Pakat Perkara mechanism, which integrates local wisdom and customary law to foster harmony and social cohesion. While the mechanism promotes fairness and inclusivity, challenges arise in reaching agreements, especially when there are significant differences in interests. This research highlights the need for further development and strengthening of this approach to ensure it functions effectively in addressing disputes. It also emphasizes the importance of integrating customary law into the formal legal system, creating a more responsive and equitable framework for resolving land disputes. The study concludes by recommending the revitalization of customary courts and legal procedures to enhance Indigenous peoples' autonomy and justice, promoting sustainable land management and community empowerment.

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Keywords

Criminal law and procedure, land disputes, dispute resolution, K5000-5582, K623-968, indigenous law, local wisdom, pakat perkara, Civil law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold