ADAT LAW AND ITS CAPACITY WITHIN THE STATE AGRARIAN LAW: A LEGAL ANTHROPOLOGY POINT OF VIEW1
I Nyoman Nurjaya
1Paper presented at the XIIIth. International Congress Legal Pluralism and Unofficial Law in Social, Economic and Political Development, jointly organized by The Commission on Folk Law and Legal Pluralism and Faculty of Political and Social Sciences Chiang Mai University on 7 to 10 April, 2002 in Chiang Mai University, Thailand.
In the last two decade it could be observed that cases of law on agrarian resources tenure and management have been increasing in accordance with rapid execution of national development in various sectors namely industry, agro-industry, transportation, transmigration, settlement and real-estate, commerce and tourism as well (Harman, 1995; Suhendar & Kasim, 1996; Bachriadi, 1998; Benedanto, 1999).
Conflicts over agrarian resources ownership and use are primarily caused by differentiation both interest of agrarian resources tenure and management, as well as differential perception to deal with agrarian law between government and the local people (Zerner, 1990; Persoon, 1991; Moniaga, 1991; Peluso, 1992; Tjitradjaja, 1993; Bachriadi et.al., 1997). In this respect, the government tends to enforce State law to order and control lands in the name of development, and the local people employs adat law to control and manage their agrarian resources in the territories they depend on.
This article attempts to examine legal position and the recognition of adat law within the State agrarian law and its capacity in the country. In order to meet other atmosphere in analyzing such law issue I shall approach the problem by using legal anthropology point of view.