The Future of Adat Court Status in Indonesian National Court System

Adat Court in Indonesia performs an important role within the Indonesian society, who still keeps and observes their customs. Despite the primacy of the national court in Indonesia’s modern court system, Indonesian traditional communities predominantly living in provinces like Aceh, Papua and Kalimantan still make reference to the Adat court in resolving community disputes. This is due to the belief of the community that peacefull settlement and an accord needs to be reached in resolving a dispute. In line with this view, this article seeks to trace the history of Adat Court in Indonesia, recognise the position and role of Adat Court in Indonesia in dispute resolution, study the legal provisions and documents to improve the status of Adat Court and finally to propose the appropriate impending position of Adat Court in Indonesia. This research analyses the legal and regulatory documents during the colonial era and after the independence. This article proposes the inclusion of Adat Court into the national court system under the realm of the Supreme Court, with the condition that settlement of disputes in Adat Courts should continue to emphasise on peaceful settlement and an accord rather than win-lose solution as in the formal court system.