Traditional Law Principles in Dispute Resolution

Abstract

The research objective is to explore the Tolaki tribal customary principles in dispute resolution. The paradigm used in this study is the constructivism paradigm. Juridical sociological approach. Research data sources consist of primary data sources and secondary data sources. Using qualitative descriptive analysis. The results found that the Tolaki tribal customary law principle in dispute resolution is the Tolaki tribal customary law principle in dispute resolution, prioritizing the nature of kinship, using the basic values that are believed and used in the process of dispute resolution by not using a win-lose solution, but emphasizing the achievements based on consensus and based on the interests of the parties in order to achieve a win-win solution. The principle in settling Tolaki customary law disputes is carried out voluntarily, through deliberations that take the form of negotiation and mediation. Customary leaders carry out their functions as negotiators, mediators and traditional judges. These three approaches are jointly carried out in resolving private and public disputes. Customary leaders in resolving disputes do not have to have permission from the disputing family because with the authorities they can force the parties to settle by deliberation or make decisions based on customary law of the Tolaki tribe, if negotiation and mediation efforts do not produce results.