Peran Lembaga Adat dalam Penyelesaian Konflik Hak Atas Tanah Adat (Studi Kasus: Kelurahan Foa, Kecamatan Aimere,Kabupaten Ngada, Provinsi Nusa Tenggara Timur)

REO, Thomas Alexander Yaurus Koe (2025) Peran Lembaga Adat dalam Penyelesaian Konflik Hak Atas Tanah Adat (Studi Kasus: Kelurahan Foa, Kecamatan Aimere,Kabupaten Ngada, Provinsi Nusa Tenggara Timur). Undergraduate thesis, Universitas Katolik Widya Mandira Kupang.

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Abstract

This thesis is entitled "The Role of Customary Institutions and the Leadership of Customary Leaders in Resolving Customary Land Rights Conflicts for the Community of Fo'a Village, Aimere District, Ngada Regency." This title was chosen because there are still many customary land conflicts that occur in the community, while customary institutions have an important function in maintaining order, harmony, and upholding local cultural values. This study aims to determine the extent of the role of customary institutions and the leadership of customary leaders in the process of resolving customary land rights conflicts and their impact on the social life of the community. Theoretically, this research is based on social role theory, conflict theory, and traditional leadership theory, which explain the relationship between customary social structures and conflict resolution mechanisms. Customary institutions are understood as social institutions that function to uphold norms, mediate disputes, and maintain social balance. The leadership of customary leaders is analyzed as a form of moral and cultural authority that derives legitimacy from community trust and inherited values that govern the life of customary communities. The research method used was a qualitative approach with empirical legal research. Data were obtained through in-depth interviews, observations, and documentation with traditional leaders, community members, and parties involved in customary land conflicts in Fo'a Village. Data analysis was conducted using descriptive and analytical techniques, interpreting empirical facts in the field and then linking them to applicable customary law theories and norms. The results of the study indicate that customary institutions play a strategic role as mediators and enforcers of social norms in resolving customary land conflicts. The resolution process is carried out through deliberation and consensus involving customary leaders, disputing parties, and the community, emphasizing the principles of justice, openness, and equality. The resulting decisions are usually in the form of written or verbal agreements, accompanied by customary sanctions such as fines for agricultural produce or moral reprimands. Customary mechanisms have proven effective in maintaining social harmony, strengthening solidarity, and preventing conflict escalation without requiring formal legal channels. The study's conclusions confirm that customary institutions remain relevant and effective in managing customary land conflicts because they are deeply rooted in local cultural values and are trusted by the community as moral authorities. It is recommended that the government recognize and legally protect the existence of customary institutions and support efforts to preserve local wisdom. Thus, customary law can continue to function as a just, civilized, and sustainable means of conflict resolution amidst dynamic social change.

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