UDTR Global Rights of Nature Radar

The Legal Standing of the Anak Dalam Tribe in Initiating Class Action Lawsuits Regarding Land Disputes

Identification

Public canonical key

doi:10.23969/litigasi.v26i2.29708

Authors

Adithiya Diar · Amanda Dea Lestari

Reported year

2025

Reported language

en

Source type

article

First detected

2026-11-09T19:04:47.706445+00:00

Last metadata observation

2026-11-09T19:04:47.706445+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Universitas Adiwangsa Jambi

Reported affiliation countries

ID

Documentary abstract — original language

This article examines the persistent influence of legal formalism within Indonesia’s civil justice system and its implications for the protection of Indigenous Peoples’ customary land rights, particularly through class action litigation and the doctrine of legal standing. Land disputes involving Indigenous communities reflect structural injustice, as legal recognition remains heavily dependent on administrative validation rather than historical, social, and cultural realities. Consequently, Indigenous Peoples often face significant barriers in accessing justice, despite constitutional acknowledgment of their existence and rights. Using normative legal research, this study analyzes statutory frameworks, judicial decisions, and doctrinal approaches governing class actions and legal standing in Indonesia. The findings demonstrate that existing procedural mechanisms frequently marginalize Indigenous communities by imposing rigid standing requirements and evidentiary standards that are incompatible with their collective and customary social structures. Rather than functioning as instruments of empowerment, class actions often reproduce exclusion through excessive proceduralism. The study argues that Indigenous marginalization stems not from the absence of substantive rights, but from the dominance of formalistic reasoning that prioritizes administrative legality over substantive justice. To address this imbalance, the article proposes a normative reconstruction of civil procedural law, including the establishment of a lex specialis on class actions and Indigenous legal standing, the contextual reinterpretation of standing doctrines, the integration of ecological and social justice principles, and the adoption of participatory and culturally responsive judicial approaches. These reforms are essential to ensure equitable access to justice within Indonesia’s plural legal system.

Identifiers

OPENALEX

W7128725950

DOI

10.23969/litigasi.v26i2.29708

Documentary context

Documentary family

Scholarship

Source-reported types

article

Jurisdictions studied — explicit sources

ID

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.23969/litigasi.v26i2.29708
• OpenAlex · https://openalex.org/W7128725950

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

• openalex:w2131776560 · CITES
• openalex:w2591391727 · CITES
• openalex:w2793156249 · CITES
• openalex:w2904575327 · CITES
• openalex:w2942799905 · CITES
• openalex:w2965999861 · CITES
• openalex:w2976972447 · CITES
• openalex:w2980791316 · CITES
• openalex:w3091762066 · CITES
• openalex:w3106615460 · CITES
• openalex:w3112634369 · CITES
• openalex:w3121240413 · CITES
• openalex:w3165860455 · CITES
• openalex:w3203635375 · CITES
• openalex:w4200492053 · CITES
• openalex:w4206015637 · CITES
• Well grounded: Indigenous Peoples' knowledge, ethnobiology and sustainability · CITES
• openalex:w4288759794 · CITES
• openalex:w4294203452 · CITES
• openalex:w4321614479 · CITES

0 incoming references within the detected corpus

Documentary status

Relevance pending

Library

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