Analysis Of Traditional Village Government System In Civil Dispute Settlement

Abstract

There are many ways to resolve civil disputes in the community, both litigation, and non-litigation, using the prevailing positive legal system and customary law. This study analyses how to resolve civil disputes based on the existing government system in traditional villages. This study uses a descriptive qualitative approach with a normative legal research type because it focuses on analysing legal norms that arise through legislation and legal conceptual analysis. The results of this study conclude that customary law as a legal system has its model in dispute resolution. In customary law communities, the village head or customary law judge usually carries out dispute resolution. It should be noted that, historically, Indonesian culture has highly respected the consensus approach. Develop dispute resolution in Indonesia based on traditional decision-making and dispute resolution mechanisms. Dispute resolution, both through negotiations and through customary courts, is still dominated by negotiations in dispute resolution because negotiation is one of the philosophies and characteristics of indigenous peoples. Disputes can be resolved through customary law mechanisms through negotiations in the form of mediation and negotiation. Indigenous peoples in resolving their disputes often use these two ways of resolving disputes.