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.
Highlights
The general conditions of agrarian problems in Indonesia are increasingly complex
The phenomenon of a reality related to land tenure on the indigenous land of local communities is of concern condition for the Dayak Tomun indigenous peoples in Lamandau Regency
The pattern of legal culture concept involves the Dayak Tomun community, which is based on their ideas, habits, and strength of the local wisdom as a form of way of life in the form of norms in the resolution of conflicts over customary land rights
Summary
The general conditions of agrarian problems in Indonesia are increasingly complex. The phenomenon of a reality related to land tenure on the indigenous land of local communities is of concern condition for the Dayak Tomun indigenous peoples in Lamandau Regency. The Dayak Indigenous peoples in Central Kalimantan fully believed, waited and accepted all development programs designed from the "Above". Indonesia is the third largest country with the largest tropical forests in the world and ranks first in the Asia Pacific. The total area of Indonesia's tropical forests is estimated at about 1,148,400 square kilometers, which has large biological natural resources, ranging from mines, flora and fauna. From its forests, Indonesia’s tropical forests have 400 dipterocarp species, which are the most valuable commercial wood species in Southeast Asia (Jawa Pos Group Multimedia, 2017)
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