The Jurisdiction of “Larvul Ngabal” as a Mediation of Land Disputes in Kei Islands

Abstract

The values in the customary law of "Larvul Ngabal" consists of 7 articles and divided in to 3 groups. "Nevnev" law is part of articles 1 to article 4, which regulates human life. "Hanilit" law consists of articles 5 and 6, and regulates about morals, while "Hawear Balwirin" law regulates rights and social justice in article 7. This study was conducted in the Kei Islands, Southeast Maluku, Legal research method used is descriptive empirical analysis of approaches to conducting research based on field observations and interviews. Data were analyzed by a qualitative method. This study provided a detailed situation of land disputes towards the customary law of "Larvul Ngabal" in Kei Islands, Southeast Maluku. This study aims to evaluate the land disputes through customary land courts, especially the effectiveness of customary law in resolving land disputes in the Kei Islands. Customary judges' decisions are recognized by the customary law community and regulations. Therefore, every decision by a customary judge must be concerned; however, court decisions have more legal force than customary court decisions. The benefits of customary court decisions need short time and save costs for dispute resolution, especially in the land sector through customary law. There is mediation through the customary land court. This problem always resolve with a repressive approach. It reveals that dispute process must be resolved through the courts. Dispute resolution is conducted through deliberation. Family mediation along with customary justice institutions consists of Soa, Orang Kay, Tuan Tan, Mitu Duan, Hukum Duan, Marin, Wak-wak. After the mediation process takes place in peace, then Hawear (prohibition sign) revoked by the Father King through customary procession. Implementation of customary law is still conducted these days by indigenous and tribal people in Kei Islands, Southeast Maluku because it is considered effective in resolving land disputes. The approach to resolve land disputes through customary courts is a form of state recognition and respect for indigenous peoples and their traditional rights as long as they are still alive and in accordance with community development and the principles of the Republic of Indonesia. Judging from the norms governing the judiciary in Indonesia, traditional courts are not well known, but according to Article 25 paragraph (1) of the Law on Judicial Powers, it is possible to make it a special court or at least an ad-hoc court.