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Penyelesaian Sengketa Tanah Ulayat antara Masyarakat Kampung Kaptiau dan Kampung Mawesday di Kabupaten Sarmi James Yoseph Palenewen
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 3 (2023): Oktober
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This research aims to determine the factors that give rise to customary land disputes between the people of Kaptiau village and Mawesday village, and also to find out the form of resolution of customary land disputes through customary law among the people of Kaptiau village and Mawesday village. The approach method used in this research is a normative and empirical juridical approach, namely an approach that refers to laws, library materials, written regulations or other secondary legal materials, and to see how they are implemented through field research. or the reality that occurs at the research location. The results of this research reveal that the dispute that occurred between the people of Kaptiau village and Mawesday village began when a timber company wanted to build an oil tank in Kaptiau village, but the residents of Mawesday village claimed that the land to be built was still part of the community's customary rights. Mawesday village does not belong to Kaptiau village, so there were road blockades and clashes between the two villages, resulting in injuries caused by sharp weapons to residents of both villages. In resolving the customary land dispute between Kaptiau village and Mawesday village which has led to clashes and resulted in residents being injured due to sharp weapons from the two villages, the authorities (police) act as mediators or third parties whose job is only to assist the disputing parties in resolving the problem and did not have the authority to make decisions, with the presence of the tribal heads of the two villages to help resolve the problems that occurred regarding customary land.
Settlement of Customary Law Community Land Disputes in Byosi Village Keerom Regency Perspective of Regulation of the Minister of State for Agrarian Affairs/KBPN Number 5 of 1999 James Yoseph Palenewen
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.360

Abstract

Customary land disputes occur in customary law communities in Byosi village, Keerom Regency, where customary land ownership often overlaps in the same location or place and can be owned by two or more people. This is what causes problems and there are disputes over customary land between customary law communities. The aim of this research is to determine the resolution of disputes over overlapping customary land ownership among customary law communities in Byosi Village, Keerom Regency. This research method is normative juridical and empirical, a research method that refers to legal norms contained in statutory regulations, library materials, written regulations or other legal materials that are secondary in nature and also realities that occur in the midst of Byosi traditional law community, Keerom Regency. The results of this research reveal that the resolution of disputes over overlapping customary land ownership in Byosi Village was carried out using deliberation which was chosen because it suited the character and way of life of the traditional law community in Byosi Village which was familial in nature, compared to resolving disputes through court institutions which tended to be confrontational in nature. , takes more into account winning and losing, takes into account more realistic aspects and ignores the social elements in traditional communities which are familial in nature.