From the Village Hall to the Courtroom: Changing Patterns of Land Dispute Resolution in Rural Communities in Banyuwangi Regency

Abstract

Social change, increasing land values, and the complexity of land administration have influenced how rural communities resolve land disputes. Informal mechanisms such as deliberation and local mediation increasingly interact with administrative procedures and formal litigation. This study aims to examine changing patterns of land dispute resolution among rural communities in Banyuwangi Regency and to identify factors contributing to shifts from community-based mechanisms toward formal institutions. The research employs a socio-legal approach through interviews with community members, village officials, mediators, and law-enforcement actors, complemented by analysis of land-related documents and regulations. The study argues that the shift toward formal dispute resolution does not necessarily indicate the decline of local law but may reflect changes in the nature of disputes and growing demands for formal legal certainty. Nevertheless, formal mechanisms may become less effective when costs, procedural duration, and information requirements exceed the capacity of local communities. An effective dispute-resolution system should therefore connect local mechanisms with formal institutions through clear referral, mediation, documentation, and oversight arrangements. Such integration can enhance access to justice while preserving the social functions of community-based dispute resolution. The study offers a framework for understanding legal transition in rural land governance.