Characteristics of dispute resolution in wetland environment: Integration between environmental, cultural and community empowerment aspects

Abstract

The purpose of this research is to study and analyze the characteristics of dispute resolution in a wetland environment through the integration of environmental aspects, culture and empowerment of rural communities. A life that is safe, orderly and peaceful, is the life of human society so that every dispute needs to be resolved. In fact, the principle of justice is simple, fast and low cost for most people. This research method uses a socio-juridical (socio-legal) approach using an interdisciplinary or "hybrid" approach between aspects of normative legal research with a sociological approach using qualitative analysis. The results show that through the settlement of disputes based on deliberation to reach consensus (badamai) based on local wisdom that grows and develops in communities in wetland areas, it is hoped that it will be able to expand access to justice in rural communities and reduce the burden of cases on formal channels. This requires a forum as an institution that facilitates the settlement of disputes outside the court at the village level.

Existence of Customary Law: Badamai Customary Law

“…Even between the two parties is bound in a brotherhood which is commonly referred to as baangkat dangsanak (brotherhood) or baangkat kuitan (being parents and adopted children). The distinctive characteristics that distinguish adat badamai from peaceful settlement in other societies are (Suprapto et al, 2021):…”