Identification and Inventory of Customary (Ulayat) Land among the Pakpak Indigenous Community in Dairi and Pakpak Bharat Regencies

Abstract

This study examines the role and function of customary legal structures within
the Pakpak Indigenous Community, with particular attention to the preservation
of customary norms related to communal land rights, inheritance, marriage, and
kinship systems. The research focuses on Sulang Silima, the highest customary
legal authority among the Pakpak people, which holds jurisdiction in
establishing, interpreting, and enforcing customary norms governing social and
legal relations within the community. This study employs a qualitative
ethnographic approach to obtain an in-depth understanding of how customary
law operates as a living legal system within the Pakpak Indigenous Community.
Through field observation and qualitative analysis, the research explores how the
institutional structure of Sulang Silima regulates internal governance and
decision-making processes, particularly in matters concerning customary land
transactions, inheritance arrangements, and kinship obligations. The findings
reveal that Sulang Silima functions as a central normative institution that
maintains social order and safeguards the collective rights of the Pakpak
Indigenous Community. In practice, a customary leader (kepala adat) may be
appointed from the same clan to serve as an intermediary between the
community and the five elements of Sulang Silima; however, the kepala adat
does not possess decision-making authority within the customary legal
framework and performs primarily ceremonial functions. Furthermore,
customary mechanisms such as pago-pago and ajeg-ajeg play a significant role
in legitimizing customary land transactions through communal deliberation and
ritual validation. The study concludes that the continued existence of Sulang
Silima demonstrates the enduring relevance of indigenous legal systems within
Indonesia’s pluralistic legal order. Recognition and protection of customary
institutions and communal land rights are therefore essential for ensuring legal
certainty, safeguarding indigenous identity, and promoting equitable and
sustainable development within the national legal framework.