Concept Legal Culture of the Volkgeist-Based Customary Land Rights Conflict Resolution of the Dayak Tomun Community in Central Kalimantan Indonesia

Achmadi Achmadi, Khudzaifah Dimyati, Absori Absori, Sinung Mufti Hangabei and Kaji Kelana Usop

Asian Social Science, 2020, vol. 16, issue 1, 115

Abstract: The doctrine of the rule of law provides an opportunity for business actors to exploit the natural resources of the customary forest ecosystem or land of the Dayak Tomun indigenous peoples in Central Kalimantan. The clash between das sollen (supposedly) and das sein (reality) shows how the law is always the instrument of power by the authorities. This study aims to explore the concept of legal culture in resolving volkgeist-based Dayak Tomun customary land rights conflicts sourced from the human nature, which is always interpreted as a correlation between ratio (mindset), behavior, value and rule of law implemented over generations in people's lives. This study uses a mixed research method consisting of normative, empirical, and legal anthropological approaches. The constructive offer of the concept of legal culture has a way of life in the form of norms of rules in terms of customary land rights conflict resolution originating from beliefs, ideas, and thoughts. The concept of legal culture in Halang Lintang is to preserve the legal inheritance, which is used as a cultural foundation and local wisdom to have a legal system, legal process, and the substance of implementing the law as a social control.

Date: 2020
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