Indigenous Dayak Simpang Dua Community Customary Rights Dispute with Palm Oil Plantation Company in West Kalimantan

Abstract

Objective: This study examines the legal protection of customary rights of the Dayak Simpang Dua indigenous community in Ketapang Regency, West Kalimantan, including dispute resolution mechanisms with palm oil plantation companies and the role of local government in agrarian conflicts.

Theoretical Framework: The research is based on theories of customary rights, legal pluralism, agrarian conflict, and indigenous peoples’ rights, which explain the relationship between customary law and state law and reveal structural injustices in land conflicts.

Method: This study uses a normative juridical approach with statute, case, and conceptual methods. Legal materials include the 1945 Constitution, the Basic Agrarian Law, the Plantation Law, the Job Creation Law, and Ketapang Regency Regulations No. 7 of 2015 and No. 8 of 2020, supported by analysis of the dispute involving PT Mayawana Persada and comparisons with similar cases.

Results and Discussion: The findings show that although customary rights are formally recognized, their implementation remains weak. Indigenous communities tend to rely on customary mechanisms, while state law is perceived as ineffective and biased toward corporate interests.

Research Implications: The study highlights the need to strengthen regulatory implementation and harmonize legal frameworks to ensure effective protection of customary rights.

Originality/Value: This research offers a normative-legal contribution by emphasizing the gap between progressive regulations and weak implementation.

Keywords: customary rights; indigenous peoples; Dayak Simpang Dua; palm oil plantations; agrarian conflicts.