Divers Paths to Justice - English - Forest Peoples Programme

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiarecording all the names of adat community members in the title. Ratherthan resolving the problem, this initiative leads to new problems of abuse ofpower by community leaders. As a result, internal conflicts within adatcommunities have arisen.Seeking a comprehensive solution in recognising adat communities’ rightsto their land and in resolving conflicts of State laws on land and resourcetenure is necessary for Indonesia. The existence of the Decree of People’sConsultative Assembly Number IX/2001 provides one option, but there hasbeen no political will expressed yet on the part of the Government ofIndonesia to implement this Decree in an effective or consistent manner.Integrating adat and sharia into State law in AcehAs noted earlier, Aceh is a special autonomous province (Law 18/2001).The Law states that sharia (Islamic law) can be the source of law and beimplemented in governmental and social affairs in Aceh. In addition to this,adat law of the Acehnese has an important function in everyday life. Thechallenge for the Aceh government is thus to reconcile State law, adat lawand sharia. These efforts can be seen in the formation and function of thelocal government structure. The lowest level of this local government isgampong (village) and mukim (federation of villages). Interaction betweenState law, adat law and sharia clearly exists at the gampong and mukimlevels.Conflicts between adat, sharia and State laws are likely to emerge. Thegovernment of Aceh has attempted to limit these conflicts by integratingadat and sharia into State law. Local legislation called qanun is an arena forsuch integration. The government’s policy states that sharia and adat laware the sources of qanun-making. A regulation concerning ‘qanunmechanism’ states that qanun must not contravene sharia and adat law.Furthermore, according to article 19 of Qanun Pidie 8/2007, several casescan be resolved by adat authorities, such as inter-family conflicts,inheritance, fighting, livestock, agriculture-related disputes, distribution ofricefield water, border rice fields, land disputes, borderlands, ill-treatment,130