Upaya Hukum Penyelesaian Sengketa Penguasaan Tanah Adat (Studi Putusan Nomor 55/Pdt.G/2013/PN.Blg; 50/PDT/2015/PT.MDN; 2753 K/Pdt/2015)

Abstract

The Toba Batak ethnic group who live in the Samosir area are essentially a group of indigenous communities and are generally farmers who cultivate agricultural land and conceptualize land not only as an economic resource, but also as a clan identity. Due to the important role of land in human life, land becomes an object that is prone to dispute or quarrel among humans. The research questions in this study are what is the concept of customary law and state law regarding customary land in Indonesia, what are the legal efforts to resolve customary land tenure disputes in Samosir Regency, and what are judges’ legal considerations in Decision Number 55/Pdt.G/2013/PN.Blg; 50/PDT/2015/PT.MDN; 2753 K/Pdt/2015. The type of research is an empirical jurudical research in which the approach of the problem is carried out by examining the provisions of customary law in Toba Samosir Regency. This research is normative and analytical descriptive, where this research seeks to describe, explain and analyze the problems that arise, then find the correct answer as a solution to these problems. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is library research. The conclusion of the problems in this study are legal efforts for settlement of disputes on customary land tenure in Toba Samosir Regency can be carried out through non litigation process with consesnsu deliberations with customary leaders and if the problem can not be resolved, then the legal effort will be through the litigation process. Legal effort for settlement of disputes on customary land tenure in Toba Samosir Regency through litigation process has provided legal certainty and legal protection. The legal basis of the Medan High Court and the Supreme Court in ruling over customary land disputes in Samosir Regency is Article 5 paragraph (1) Jo. Article 10 paragraph (1) Law of the Republic of Indonesia Number 48 of 2009 concerning Judicial Powers states that the Court is prohibited from refusing to examine, judge and decide a case filed on the pretext that the law does not exist or is unclear, but the Court is obliged to examine and judge the case because the obligation of the Judge to explore, follow and understand the legal values and the sense of justice that live in society. The Judiciary recognizes the existence of legal values and a sense of justice that live in the Toba Samosir Batak community, namely that customary disputed land is a hereditary land belonging to certain clan descendants and control of this customary land has been carried out until now and is still being carried out as evidenced by farming on customary land and the customary land has stood the grave belonging to the clan descendant so that it is widely accepted and undeniable indication that the customary land belongs to the clan descendant.