The Village as a Space of Justice: Community Deliberation in Land Dispute Resolution in Cirebon Regency

Abstract

Land disputes at the local level are not always immediately brought before formal courts. Rural communities continue to rely on deliberative mechanisms because they are perceived as more accessible, affordable, and compatible with existing social relations. This study aims to examine community deliberation practices in resolving land disputes in Cirebon Regency and to assess their position within the broader dispute-resolution system. The research employs a socio-legal approach based on fieldwork involving community members, village officials, local leaders, and parties who have experienced land disputes. The study also analyzes relevant legal provisions concerning dispute resolution and village governmental authority. It argues that village deliberation has significant potential as a community-based justice mechanism because it incorporates social relationships, the interests of disputing parties, and the preservation of community relations. Nevertheless, its effectiveness depends on the neutrality of local mediators, equality between the parties, proper documentation of agreements, and coordination with formal legal mechanisms. Strengthening village deliberation should therefore not be understood as replacing state adjudication. Rather, it should be developed as a complementary mechanism capable of expanding access to justice, preventing escalation, and producing locally legitimate solutions while remaining consistent with fundamental legal principles.