Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Alternative Dispute Resolution Mechanisms (ADRM) in Land Cultivation Profit-sharing in Kuta, West Java

Author(s): Eman Suparman, Renny Supriyatni, Dewi Ratnasari, Kunto Sofianto

Kuta, a village located in West Java, Indonesia, contributes immensely in Indonesia’s economy and therefore, a legal protection is required for its local farming community and their traditional wisdoms from West Java local Parliament and Government. This study discusses land disputes and alternative dispute resolution mechanisms in land cultivation profit-sharing in Kuta, West Java and how the local government can improve the well-being of the local community by protecting their traditional knowledge as a cultural heritage. This is qualitative research using both normative and ethnography methods. The study reveals that besides national law, customary law is widely accepted as an alternative dispute resolution mechanism by the people of Kuta in dealing with land their issues. However, it does not provide a safer environment whereby their traditional knowledge is protected. The study also shows that land disputes in Kuta are the result of unkept commitments regarding land revenues sharing agreements, which are made unofficially between farmers and land owners. This does not provide a legal basis that guarantees the rights and obligations of the contracting parties. It also gives no legal certainty and protection for the parties involved in the agreement, hence the need for alternative dispute resolution mechanisms.

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