Abstract
The local government’s acknowledgment of adat (customary) communities and adat villages, as regulated in the Village Law 6/2014 , appear to signal an increasing recognition of adat law. However, the current acknowledgment practices and adat village formalizations have become areas of legal contestation between adat communities and state-national and local governments. Despite the resurgence of formal legal pluralism, those acknowledgment and accommodation mechanisms are double-edged. They involve control and empowerment as emphasized in Hellman’s framework applied to analyze the dilemma in a plural society regarding cultural politics. On the one hand, the acknowledgment and accommodation mechanisms conducted through an official process necessitate the fulfillment of a list of requirements set by the government (controlled). Thus, there is a possible drawback for an asymmetrical position between the formal institution (recognition giver) and the community (recognition recipient). Conversely, the mechanisms are used by adat communities as a means to gain the rights of self-determination. Thus, empowerment is realized, because most local acknowledgment regulations include obligations of protection by the state and local governments. This paper discusses the dynamics of legal pluralism in Indonesia using cases of local acknowledgment and adat village institutionalization in which adat law becomes an element in formalizing the communities’ existence and adat village format. However, a question remains regarding whether the central position of adat law in such a mechanism is merely applied to fulfill the acknowledgment and accommodation requirement or whether it actually strengthens its capacity.
Highlights
After 1998–1999, which marked the beginning of the Reformation era, significant levels of hope were raised for the adat communities movement
A political process of contestation over the power—in Wright’s case—to define key concepts.18. This point is relevant enough to be included in the discussion, as local government acknowledgment and adat village stipulation are closely related to the law and accompanying legal aspects yet inseparable from the political process and contestations among multiple actors’ interests in various levels
Using the cases of local acknowledgment and adat village institutionalization, the current paper applies the socio-legal and politics of law approaches20 and is intended to critically discuss further dynamics and relevant aspects related to the “control” and “empowerment” characteristics of the acknowledgment practices, in the related regulation
Summary
After 1998–1999, which marked the beginning of the Reformation era, significant levels of hope were raised for the adat communities (masyarakat adat or customary communities) movement. A political process of contestation over the power—in Wright’s case—to define key concepts.18 This point is relevant enough to be included in the discussion, as local government acknowledgment and adat village stipulation are closely related to the law and accompanying legal aspects yet inseparable from the political process and contestations among multiple actors’ interests in various levels (national and local). Using the cases of local acknowledgment and adat village institutionalization, the current paper applies the socio-legal and politics of law approaches and is intended to critically discuss further dynamics and relevant aspects related to the “control” and “empowerment” characteristics of the acknowledgment practices, in the related regulation. A question remains regarding whether the central position of adat law in such a mechanism will help strengthen its capacity and position, or whether adat law is applied solely to fulfill the acknowledgment and accommodation requirement
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