| dc.description.abstract | This research has the purposes of studying the conflict of the
communal land in West Sumatera as the result of the implementation of organic provision of Agrarian Principal Act (UUPA). The reformation of Agrarian Principal Act to give legal assurance concerning right on the land for Indonesian people that just brings about vertical and horizontal conflict within the community of customary law. This thing is due to the land registration which is not enable of the acknowledgement of the communal right (Article 3) becomes the right form of Article 16 on the abolishment of pawn institution, profit sharing, that is considered suffering the public, investor's and government's interest cause the communal right blurring more and more and crushing the community of customary law.
As legal phenomena then it is necessary to study the background, the process of the conflict occurrence, the role of the connected authority as PPAT (Land Certificate Maker Official) and the solution way being adopted. To observe the mentioned conflict the writer involves the sociological paradigm, yet the analysis remains using normative juridical system.
This research has the character of sociological, for observing the the conflict of communal right in application of national agrarian law within the community of customary law of Minangkabau (West Sumatera), for that conflict cases connected with the communal land either within the area of the Original Minangkabau or within the area its development area that is known customarily as Luhak Asli (Original District) and daerah Rantau (Foreign Area).
The method of sample collection of the researching area is carried
out purposively, by data collection technique using interview method, participant and observation.
The result of the research indicates that the application of organic stipulation of the UUPA (Agrarian Principal Act) as written law having national character causes conflict that up to this present time is still raging. This conflict is not free from three factors, namely conflict of concept, conflict of value and nor and conflict of interest. Besides that conflict of value and norm and conflict is also not free from the process of the issuing of various kind organic stipulation of UUPA (Agrarian Principal Act) and other principal policy such as mining principal stipulation and forestry principal stipulation. This present reformation era is not the cause of the arouse of the conflict but with this reformation era the conflict which had long been buried re-appear and come out again to the surface, this thing is because of the opportunity is open to the customary law community to express voice of the truth being occurred. The opportunity is opened to make an attempt to the transparency of the enforcement of the law.
The efforts of the completion of the conflict regarding the communal land, is by the use of the litigation and non litigation ways. Litigation is also called judicative process that forms the solution of legal action through the court. While the non litigation is also called collaborative approach in the form of discussion and agreement either. In the way of negotiation or mediation. Yet the way of the solution of this conflict still has not reached the root of the problem because there has not existed a legal policy concerning communal right which regulated in Article 3 of the Agrarian Principal Act (UUPA). | en_US |
