CD Skripsi
Penyelesaian Sengketa Antara Masyarakat Kecamatan Bengkalis Kabupaten Bengkalis Dengan Pt. Rimba Rokan Lestari Berdasarkan Hukum Adat Melayu Bengkalis
ABSTRACT
This thesis examines the resolution of a dispute between the community of Bengkalis Subdistrict, Bengkalis Regency, and PT Rimba Rokan Lestari (RRL) that arose due to overlapping claims between the customary rights of the Bengkalis Malay tribe and the industrial forest concession (HTI) permit granted to the company. This dispute reflects a structural agrarian conflict involving differences in paradigms between customary law and formal state law. The research questions in this study are: how does the customary law of the Bengkalis Malay community view land rights and dispute resolution mechanisms, and to what extent does the national legal system recognize and protect the rights of customary law communities in land conflicts?
This research uses a sociological-legal approach with a field study method. Data was collected through analysis of legislation, Constitutional Court decisions, scientific journals, non-governmental organization reports, and online news. This research seeks to understand the legal position of indigenous peoples in the national legal system and to evaluate the effectiveness of the legal protection provided by the state for the customary rights of indigenous peoples in the context of conflicts with forestry corporations such as PT RRL.
The results of the research show that the customary law of the Bengkalis Malay tribe has a dispute resolution mechanism that emphasizes deliberation, local wisdom, and communal values. However, these mechanisms are often marginalized in the resolution of agrarian conflicts due to the weak formal recognition of indigenous peoples and their customary territories. The state has not fully bridged the dualism between customary law and national law. Therefore, this thesis recommends strengthening policies on the recognition of indigenous peoples and integrating customary mechanisms into the agrarian dispute resolution system as an effort towards substantive justice.
Keywords : Indigenous people, Melayu Bengkalis tribe, Land Conflict
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