Kepastian Hukum terhadap Asas Pemisahan Horizontal pada Kepemilikan Atas Tanah Adat di Dusun 1 (Huta Pamatang) Nagori Tanjung Saribu Kecamatan Dolok Pardamean Kabupaten Simalungun

Abstract

The principle of horizontal separation is not only in the context of the separation of holders of property rights over non-land objects on land belonging to other people, but this understanding needs to be expanded or added to that the principle of horizontal separation is a principle which explains that the legal subject is the holder of property rights over objects on land, different from the legal subject of the holder of ownership rights to the land, where the existence of objects on land belonging to other people has a clear period of time in accordance with statutory provisions or agreements. This research has the problems studied, namely the first How is the application of the principle of horizontal separation of customary land ownership? Second, how is the application of the principle of horizontal separation to customary land ownership in hamlet 1 (Huta Pamatang) Nagori Tanjung Saribu? Third, how is the legal certainty for indigenous peoples regarding the application of the principle of horizontal separation in customary land ownership in hamlet 1 (Huta Pamatang) Nagori Tanjung Saribu? This research method uses a type of Juridical Empirical research that is descriptive analytical. Data sources use primary data sources obtained from field research while secondary data use legal materials namely primary legal materials, secondary legal materials and tertiary legal materials using library research data collection techniques and field research or (Field Research). namely a research conducted systematically by raising existing data in the field. The results of the study show that legal certainty for indigenous peoples regarding the application of the principle of horizontal separation in ownership of customary land in hamlet 1 (one) Huta Pamatang Nagori Tanjung Saribu is given to parties who are the original descendants of the residents of Nagori Tanjung Saribu who live in Nagori or who will come to live and settle in the village of the indigenous people's territory. Legal certainty in the form of laws and regulations governing communal land already exists both in the 1945 Constitution, Law Number 5 of 1960 concerning Basic Agrarian Regulations as well as government regulations and regional regulations. Mastery of ownership of customary land is an unwritten rule that has long been believed, revived and carried out by indigenous peoples. Mastery of customary land ownership that is based on the norms of decency and mutual justice, does not take other people's rights, does not cause harm to other parties.