From Nagari to Gacaca: A Comparative Analysis of Minangkabau and Rwandan Customary Jurisdictions in Post-Crisis Land Reconciliation

Abstract

Post-crisis land disputes in pluralistic legal environments illuminate a significant disconnect between formal state processes and the customary mechanisms utilized by local populations. This inquiry addresses the scarcity of cross-regional comparative research by examining the Nagari system of the Minangkabau in Indonesia alongside the Gacaca jurisdictions of post-genocide Rwanda. The investigation evaluates the pathways through which each tradition reconciles property conflicts across philosophical, procedural, and policy dimensions. Utilizing document analysis of legal codes and scholarly literature, the research applies the triadic lens of legal pluralism, restorative justice, and maqāṣid al-sharīʿah. Three primary conclusions emerge. First, both systems converge on a relational interpretation of justice rooted in community involvement. Second, their interaction with state law manifests in hierarchical, hybrid, and parallel patterns, each presenting specific structural implications. Finally, both systems navigate contemporary pressures from globalization, migration, and digitalization that challenge their institutional stability. This article proposes Trans-Cultural Restorative Pluralism (TCRP) as a framework to integrate Southeast Asian and Sub-Saharan African customary logic. This model provides a vocabulary for designing governance that utilizes customary justice as a functional asset rather than a secondary category.