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Journal : Unes Law Review

Penyelesaian Sengketa Uang Kompensasi atas Tanah Ulayat Nagari melalui Lembaga Adat di Nagari Talu Kabupaten Pasaman Barat Novi Alvionita; Kurnia Warman; Zefrizal Nurdin
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.819

Abstract

Currently, in the province of West Sumatra, disputes over customary land often occur, including in Nagari Talu, West Pasaman Regency. The background to this dispute was compensation money provided by PLN for the construction of an Extra High Voltage Line (SUTET) on ulayat nagari land which is managed by the community. Meanwhile, the community wants to control all the compensation money. Based on this background, it is necessary to investigate the settlement of ulayat nagari land disputes in Nagari Talu, West Pasaman Regency with the formulation of the problem: What is the process for resolving ulayat nagari land disputes in Nagari Talu, West Pasaman Regency, what obstacles are encountered in resolving ulayat nagari land disputes in Nagari Talu, West Pasaman Regency, how is the control over customary rights of the nagari in Nagari Talu, West Pasaman Regency, after the settlement of the dispute.The research method used through an empirical juridical approach is based on primary legal materials and secondary legal materials as well as field studies through interview observations, as well as data analysis techniques carried out qualitatively. Based on research on the settlement of ulayat nagari land disputes in Nagari Talu West Pasaman Regency, where in this settlement it was first resolved through deliberation by both parties, but in this deliberation no peace was reached, then both parties used a mediator as an intermediary because peace was not achieved, which appointed as a mediator, namely the Nagari Traditional Density Institution (KAN). Kerapatan Adat Nagari (KAN) succeeded in reconciling the two parties and both parties accepted the results of the decision issued by Kerapatan Adat Nagari (KAN). Obstacles faced in resolving ulayat nagari land disputes are caused by several factors, namely internal factors originating from the disputing parties and the object in dispute and external factors originating from other parties. Post-dispute settlement control of ulayat nagari land, based on the decision of the Talu Nagari customary meeting, Ninik Mamak who currently controls ulayat nagari land.
Pelaksanaan Pengadaan Tanah untuk Kepentingan Umum oleh PT. PLN (Persero) di Riak Danau Tapan Kabupaten Pesisir Selatan Fahlevi Fahlevi; Kurnia Warman; Zefrizal Nurdin
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1117

Abstract

Procurement for the construction of a 150 KV substation by PT. PLN (Persero) UIP Sumbagteng, which is in Nagari Riak Danau Tapan, Basa Ampek Balai Tapan District, Pesisir Selatan Regency. that the stipulation of land acquisition for the construction of the 150 KV substation took place in 2017 with a total area of ​​1.8 hectares with the holder of the communal land rights being a legitimate member of their clan but the attempt to relinquish their rights was a mistake because it was directed at a person who is not the owner of the rights over the land. The type of research in the preparation of this thesis is sociological juridical research. The results of this study are 1) Land Acquisition Process for the Construction of a 150 KV Substation in Nagari Siak Danau Tapan, Pesisir Selatan Regency, which consists of several stages, namely (a) The planning stage which contains the aims and objectives of the development plan, Compliance with the Regional Spatial Plan (RTRW) ), and National and Regional Development Plans, Land layout includes administrative areas such as name of village, kelurahan, sub-district, province, Required land area, General description of land status, Estimated time for land acquisition implementation, Estimated timeframe for construction implementation, Estimated land value, (b) the Preparation Stage which includes notification of Development Planning, Dissemination in the form of face-to-face meetings, Letters of notification, Initial data collection of development plan locations, Determination of Development Locations, and (c) Implementation Phase which includes Inventory and Identification, Determination of Appraisers. Deliberation on determining compensation, granting compensation. In carrying out land acquisition for the purposes of building a 150 KVA substation in Nagari Riak Danau Tapan by PT. PLN (Persero) in the process of land acquisition and payment of compensation has made a mistake, which is a personal error (error in persona) because the person conducting the negotiations and dealings is the person who is only cultivating the land and is not the real owner of the rights. 2) Legal Consequences Arising from the Land Acquisition Process for Public Interests that Does Not Use the Deed of Relinquishment of Rights, namely: legal defects due to the statement of Relinquishment of Rights made before a Notary is more accountable both formally and materially even though the law allows for other ways other than the existence notary deed regarding the release of rights. Thus the fulfilment of the Theory of Responsibility that the researcher uses in this thesis is not fulfilled, because apart from not being able to account for the authenticity of the statement of waiver of rights from the owner of the right, in the process of completing documents the statement made underhand is also vulnerable to falsification and this is a crime.