Perlindungan Hukum terhadap Hak Ulayat Atas Tanah Masyarakat Hukum Adat Batak Toba di Desa Simardangiang, Kecamatan Pahae Julu, Kabupaten Tapanuli Utara

Abstract

The Batak Toba Indigenous Community in Simardangiang Village, Pahae Julu District, North Tapanuli Regency, has inherited customary land rights passed down through generations. However, these rights face several challenges, including weak formal legal recognition, conflicts arising from development interests, and overlapping land ownership claims, necessitating a comprehensive study on legal protection measures. This study aims to examine the existence of the Batak Toba Indigenous Community in Simardangiang Village, the existence of customary land rights, and the role of the North Tapanuli Regency Government in protecting these rights. This research employs an empirical juridical method supported by a legal sociology and normative juridical approach, analyzing the implementation of law in society and agrarian law concepts related to customary land rights protection. Data were obtained from primary sources through interviews with respondents such as the Village Head of Simardangiang, community leaders, and Parpatihan administrators, as well as secondary sources including relevant legislation and literature. Data analysis was conducted qualitatively. The research findings confirm that the Batak Toba Indigenous Community in Simardangiang Village remains existent, meeting the criteria for identifying indigenous communities as stipulated in Ministry of Home Affairs Regulation No. 52/2014. This is evidenced by their historical presence since Ompu Raja Tinaruan Sitompul and the customary land management system governed by customary law. Their customary land rights are also affirmed based on Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency No. 18/2019, supported by a community structure led by the village chief and backed by Parpatihan and communal councils for land management and conflict resolution. Legal protection for their rights has been strengthened with the issuance of North Tapanuli Regency Regional Regulation No. 04/2021 and Regent's Decree No. 457/2023, officially recognizing the Batak Toba Indigenous Community of Simardangiang and their customary land rights.