Integrating Customary Law and National Agrarian Law in Indonesia: Legal Pluralism in the Case of Si’ulu–Si’ila in South Nias

Abstract

The role of Si’ulu–Si’ila, is a traditional authority system in South Nias, Indonesia, as a living embodiment of Volksgeist in the governance of customary land and the resolution of indigenous land disputes. The study addresses the problem of legal dualism between state law and customary law that often marginalizes indigenous justice practices. Employing a non-doctrinal, socio-legal approach, the research integrates normative and empirical analysis. Field data were collected through in-depth interviews with customary leaders, participant observation in Orahua deliberations, and documentation of fondrakö decisions. The findings reveal that Si’ulu–Si’ila functions not merely as an adjudicative institution but as a moral and social regulator, where decisions are collectively legitimized and enforced through both material and moral sanctions. This indigenous model reflects restorative and participatory justice, ensuring social harmony and long-term sustainability. However, the absence of formal legal recognition limits its broader enforceability within Indonesia’s agrarian framework. Drawing from comparative insights of the Māori Land Court (New Zealand) and Aboriginal Title (Canada), the paper concludes that integrating Si’ulu–Si’ila within formal legal structures can strengthen legal pluralism, protection of communal land rights, and culturally grounded justice.