THE EFFECTIVENESS OF MECHANISMS AND PROCEDURES FOR RESOLVING CUSTOMARY LAND DISPUTES BY ADAT JUDGES IN TANA TORAJA

Abstrak

This study examines the mechanisms and procedures for resolving customary land disputes by customary judges in Tana Toraja and the factors influencing their effectiveness. Through normative and empirical approaches, the study found that the dispute resolution process involves mediation, deliberation, and customary court sessions that emphasize local values. Factors such as community trust in customary judges, adherence to customary norms, local government support, availability of resources, and integration with the national legal system significantly affect the effectiveness of dispute resolution. The impact of globalization, customary law education, and active community participation are also important determinants. In conclusion, the customary land dispute resolution mechanism in Tana Toraja is effective in maintaining social harmony and community stability, but further harmonization with the national legal system and sustained support from various stakeholders are required.