Law Living within Tradition: The Role of Customary Law in Resolving Social Conflicts among Indigenous Communities in Sikka Regency

Abstract

Customary law continues to play an important role in regulating social relations and resolving conflicts within indigenous communities. Despite the increasing complexity of the state legal system, customary mechanisms remain relevant because of their social legitimacy and close connection to community values. This study aims to examine the role of customary law in resolving social conflicts among indigenous communities in Sikka Regency and to analyze its relationship with the state legal system. The study employs a socio-legal approach informed by the concepts of living law and legal pluralism. Data are collected through interviews with customary leaders, community members, local government officials, and other actors involved in conflict resolution. The study argues that the effectiveness of customary law derives not only from its normative rules but also from social acceptance, the authority of customary leaders, and the capacity of customary mechanisms to restore relationships between disputing parties. Nevertheless, customary practices require appropriate boundaries when they intersect with human rights, the interests of vulnerable groups, and national legal standards. Recognition of customary law should therefore be accompanied by institutional dialogue between customary norms and state law. Such an approach can strengthen community-based conflict resolution while maintaining equality, human rights, and legal accountability. The study contributes to contemporary debates on living law and plural legal orders in Indonesia.