Dewi, Yustina Trihoni Nalesti (2026) WHO CONTROLS CUSTOMARY RESOURCE GOVERNANCE? LEGAL PLURALISM AND CONTESTED AUTHORITY IN MALUKU. In: the Fifth Congress on Land and Human Rights, 8-9 May 2026, University of Sevilla, Spain (online). (Unpublished)
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Abstract
This paper examines resource governance in Maluku through the lens of legal pluralism, focusing on Sasi as a form of living law. While Sasi remains socially authoritative, its legal position is structurally weak within the state system. This produces a condition of recognition without power, where customary law is acknowledged but subordinated. Drawing on critical perspectives on legal pluralism, the paper argues that control over natural resources is distributed among the state, market, and community, but in fundamentally unequal ways. Legal pluralism, in this context, operates hierarchically, reproducing rather than resolving inequality.
| Item Type: | Conference or Workshop Item (Speech) |
|---|---|
| Subjects: | 300 Social Sciences |
| Divisions: | Faculty of Law and Communication > Department of Law |
| Depositing User: | Ms Trihoni Nalesti |
| Date Deposited: | 27 Apr 2026 07:14 |
| Last Modified: | 27 Apr 2026 07:14 |
| URI: | http://repository.unika.ac.id/id/eprint/39756 |
| Keywords: | legal pluralism, sasi, maluku, |
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