Juridical Position of the Nagari Customary Density (KAN) Decision in the Settlement of Non-Litigation Disputes in West Sumatra

Abstract

This study aims to analyze the juridical position of the Nagari Customary Density and the legal force of its decisions in the settlement of non-litigation disputes in West Sumatra. The research uses normative legal methods with a statutory and conceptual approach, through a review of the regulations regarding the recognition of customary law communities in the 1945 Constitution of the Republic of Indonesia, the Law on Villages, the Law on Arbitration and Alternative Dispute Resolution, and the Regional Regulation of West Sumatra Province on Nagari. The results of the study show that the Nagari Customary Density has constitutional and regulatory legitimacy as a customary institution that is authorized to resolve sako and pusako disputes based on the deliberation mechanism and Minangkabau customary values. Sociologically, the Nagari Customary Density decision reflects the practice of living law and the principles of alternative dispute resolution. However, in formal juridical terms, the Nagari Customary Density decision does not have final and executory force like a court decision, but is only socially binding and can be used as evidence in the judicial process. Thus, the position of the Nagari Customary Density decision is subsidiary and complementary to the state judiciary, so it is necessary to harmonize regulations to clarify the limits of authority and strengthen legal certainty.