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ANALYSIS OF PATTERNS FOR SETTLEMENT OF DISPUTE

RIGHTS TO LAND OF INDIGENOUS LAW COMMUNITIES

Michael Sianturi

, Ari Dwi Putra

, Muhammad Fernanda

Raja Ali Haji Maritime University, Indonesia

1,2,3

michaelsimatupa[email protected]

, fernandamuhammad712@gmail.com

, [email protected]m

PAPER INFO

Received:

October 2022

Revised:

October 2022

Approved:

October 2022

Backgrounds: Solution Dispute on soil Public law custom conducted

through discussion for consensus with each other honor the position of each

party that also involves Local Government.

aim: for analyze pattern solution dispute right on soil Public law custom

Methods: use p approach comparative approach this conducted with stage

studies comparison law.

Findings: Solution disputes that can taken in solution dispute soil ulayat is

through discussion for consensus and solution through track law that is

lawsuit to State Administrative Court for get certainty law and protection

for the parties to the dispute. Cooperation between government and society

law custom required in complete dispute right what happened so that could

give sense of justice for Public law custom procedural law in force in

Indonesia

KEYWORDS

Dispute Resolution; Customary Law Community ; Land Rights

INTRODUCTION

Article 3 of the LoGA stipulates that " Remember " Settings Articles 1 and 2,

implementation right ulayat and freedom comparative network regulation standard , as long

as rule general that truly there is so that in accordance with interest general and the state,

which depend on solidarity public. and no must fight with more rules and guidelines high."

Substance Settings this is affirmation from authority public about existence freedom ulayat

(land ) and comparable rights from network regulation standard , in Thing whatever ,

interesting. freedom standard set in regulation (Adolf, 2020) .

Even though the UUPA's spirit and reasoning depending on the rules standard and at

level base feel existence freedom customary , however plan material about right ulayat no

detailed. This thing cause problem because contrast in affirmation law in the public arena. So

authority public then give Pastor Guidelines Agrarian / Peak Land Agency General Number 5

of 1999. Guidelines this contains strategies that explain rule confession freedom ulayat and

rights comparative from network regulation standard (Arifin, 2020) (Hajati et al., 2014) .

land for existence man have vital position. This thing because almost all part life ,

especially for Indonesian people , no could separated from existence land that is not only

could seen from side financially , however covers whole life and livelihood they (Laturette,

2016) . Land has many quality , so the term state and massacre used by the Indonesian people

for describe the territory of the country with describe an area controlled through land , water

and land sovereign (Labetubun et al., nd) . Interest soil for man as people and country

as supreme territorial unit by natural set in Article 33 paragraph (3) of the 1945 Constitution

of the Republic of Indonesia (hereinafter abbreviated the 1945 Constitution of the Republic

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of Indonesia ). which reads : " Earth , water and wealth " remains contained in it which will

restricted by the state and used the best for people's success."

As development from Article 33 paragraph (3) of the 1945 Constitution of the Republic of

Indonesia which relates with soil or land , then given Regulation Number 5 of 1960

concerning Trees Agrarian (next abbreviated as UUPA). Destination The basic principles of

the UUPA are :

1. Put basics planning regulation agrarian general , which is tool for realize prosperity ,

happiness and equity of nations and individuals , in particular individual in structure just

and prosperous society.

2. Putting a stand to realize solidarity and candor in land regulation.

3. Put in place agencies to provide legitimate beliefs about land freedom for all individuals.

With method this , for reach development and assistance government individual , use

and utilization important land for asset permanent must solved by awesome and deep

administration handed over to the state (Pure et al., 2022) .

It is also set in Article 2 of the LoGA:

1. Based on Settings in Article 33 paragraph (3) of the 1945 Constitution and the matters

referred to in Article 1, earth , water and space space , including the normal assets

contained therein , at the highest level , are limited by the state, as power associations

for all individuals.

2. The right to control the state as referred to in paragraph 1 of this article agrees: (a).

regulate and regulate the distribution, use, supply and maintenance of the earth,

water and space; (b) define and manage legitimate relationships between individuals

and earth, water and space; (c) determine and regulate legitimate relationships

between individuals and legitimate activities concerning earth, water and space.

This arrangement is planned with the aim that the earth and water as well as the

natural resources contained therein can provide the maximum benefit for developing

individuals. in terms of happiness, prosperity, and independence in an independent,

sovereign, just and prosperous society, nation and state, as well as legal certainty of land

rights, especially in terms of land ownership and control, it will make it clear who has

land rights. (Pure, 2021). As well as certainty regarding the location, boundaries, and

area of the area, among others. affirmation that land controlled directly by the state meets

the requirements as state control rights, not ownership. General Explanation II (2) UUPA

explains that the principle that the nation or the Indonesian state acts as the owner of the

land, meaning that the state is built and not the owner of the land, it is neither necessary

nor appropriate to achieve what is specified in Article 33 paragraph (3) of the 1945

Constitution of the Republic of Indonesia (Wibowo, 2018) . Because the Indonesian

people are the real owners of the land.

The ulayat rights of customary law communities are land tenure rights owned by

indigenous peoples. Article 2 Regulation of the Minister of State for Agrarian Affairs

and the Head of the National Land Agency Number 5 of 1999 contains provision

addition about implementation mastery soil ulayat (National, 1997) , which states:

a. Implementation right ulayat done by the community law the custom concerned in

accordance with law local customs as long as they really exist.

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b. Customary law communities are considered to still have customary rights if: So that

the earth, water and natural resources contained therein are could give the greatest

benefit for prosperity people in Thing happiness , prosperity , and independence

nature. an independent , sovereign , just , and prosperous society , nation and state as

well as existence certainty law rights , there are arrangement law custom about

management , control , and use soil ulayat that is legal and obeyed by members

fellowship the law above land , in particular about ownership and control land , will

give certainty about location , boundaries , area , and details other as well as clarity

about the person or legal entity that holds right on soil (Prayogi & Sesung, 2018) .

Besides that , Terms General Regulation of the State Minister of Agrarian Affairs /

Head of the National Land Agency Number 5 of 1999 concerning Guidelines Solution

Problem The Rights of Indigenous Peoples states that (Wowor, 2014) :

a. According to law custom , ulayat right is the authority possessed Public law custom

certain over certain areas that become environment life citizens for utilise source power

nature , including land , in the region for continuity life and survival life society. Right

ulayat the arise from connection physically and mentally down hereditary and not

disconnected Among Public law customs with the region concerned.

b. A piece of land that becomes the ulayat rights of a customary law community is called

ulayat land.

c. A group of people who are bound by their customary law order as joint citizens of a legal

alliance because of the similarity of residence or descent are referred to as customary law

communities.

Article 2 Regulation of the Minister of State for Agrarian Affairs and the Head of the

National Land Agency Number 5 of 1999 contains provision addition about implementation

mastery soil customary law , which states :

a. legal society the custom concerned doing right ulayat in in accordance with law local

customs as long as they exist.

b. Customary law communities are considered to still have customary rights if:

(a) there a group of people who are still bound by order law custom as inhabitant together

from something fellowship law certain and acknowledging as well as apply conditions in

Constitution that. alliance in life daily them ; (b) there are soil ulayat certain which is

environment the place stay inhabitant fellowship law and place they take necessity life daily ;

and (c) the presence of arrangement law customs that apply and are obeyed by members

fellowship law about management , control , and management (Erfa & Ubaidi, 2021) .

In accordance with Article 2 Regulation of the State Minister of Agrarian Affairs and

the Head of the National Land Agency Number 5 of 1999, problems related land right

permanent ancestral is in every area Becomes focus Settings (Sembiring, 2018) . In consider

conflict interests of the parties in dispute land , case land following often appear : 1) People

who should deal with bureaucracy ; 2) People who should deal with state business ; 3) People

who should deal with business private ; 4) Conflict between man Almost everywhere there is

disputes , the parties involved and the authorities for handle problem the look for solution in

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various way. Court (litigation ) and settlement non- court disputes (non- litigation ) have been

Becomes method solution dispute During this. The implication is that you have to there is

protection law to rights related civil with ownership land and fair treatment to ownership soil

in dimensions juridical mastery land and ownership soil (Laturette, 2021) .

Dispute land that lasts long and does not could solved with good could harmful

second split party. Dispute civil Among residents in the area about ownership and control soil

often Becomes source conflict. Right ulayat soil is source dispute this , or right ulayat is the

object (Nasir, 2018) . On the other hand, have occur dispute civil about right on soil Among

Public custom with owner soil ancestral.

In fact , dispute law often involve soil custom , including soil ancestral. A number of

reason happening dispute soil ulayat is as follows:1. Boundaries soil custom no clear ; 2.

Lack awareness Public practitioner law custom; 3. The role of the head custom in Public law

custom the more complex. The cause no only economy , but also factors social , cultural , and

even religious. According to Article 1 point 4 UUPA, land is dispute or conflict between

individual , group , group organization , legal entity , or institutions that tend to or impact

large by politics , fit with case land.

METHOD

Approach comparative approach this conducted with stage studies comparison law.

Studies comparison law that alone is an " activity " for compare law a country with the law of

another country or law from something time certain with law from another time ”.

Destination from comparison the is for get similarities and differences the law. According to

Diantha , “ approach comparison can also used by researchers in Thing problem the research

make a fuss existence emptiness norm.

RESULTS AND DISCUSSION

According to Article 3 of the Law tree Agrarian Law (UUPA), which pays attention to

provision Articles 1 and 3, society law custom have one the most important right about room

life them : " Right " Ulayat." as existence , implementation right ulayat and rights similar by

society law custom must in accordance with interest national and state based on unity

national and not contrary with law.

The 1945 Constitution of the Republic of Indonesia also states : that rights Public law

custom must recognized : As long as society and the principles of the Unitary State Republic

of Indonesia is regulated with laws , the state recognizes and respects unity Public law

custom. and rights traditional them.

Besides that , the law Number 32 of 2004 concerning Regional Government paragraph

(9) Article 2: As long as still live , the country respects units Public law customs and rights

traditional in accordance with development society and the Unitary State Republic of

Indonesia. the principle of the Unitary State Republic of Indonesia.

Constitution tree Agrarian Law (UUPA) itself no explain about right ulayat besides say

that that is inherent rights as competence special in Public law custom and consist from

authority or power for manage and organize land and its contents with power Act in demand

to outside or to in. As a result , the right ulayat show connection law Among soil or a specific

area (object rights ) and society law (subject rights ). Right ulayat this give people power for:

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1) Mastering and managing use soil for settlement , agriculture , and other purposes , as

well as land maintenance.

2) Regulating and determining the legal relationship between people and land (granting

special rights for certain subjects).

3) Regulate and establish legal relationships between people and legal actions related to

land (such as inheritance, sale, and others).

According to authority right ulayat , community law custom have connection mastery

with soil or its territory. As a result , the Law tree Agrarian Law (UUPA) requires confession

rights following : In Thing this , interest Public law custom people must submit to interests

general , nation , and state more tall and more wide. because of that , no could allowed if in

atmosphere nation and state moment this still there is Public law the custom still maintain

contents implementation right ulayat by absolute. Position right ulayat in Regulation of the

Minister of State for Agrarian Affairs / Head of the National Land Agency Number 5 of 1999

is regulated in chapter paragraph (1) , namely :

" Rights " ulayat and the like Public law custom (next called right ulayat ), is authority

according to law custom owned by the community law custom certain over a certain area

which is environment life citizens for utilise source power nature , including ground , inside

territory , for interest continuity life and life that arises from connection physically and

mentally down hereditary and not disconnected Among Public law custom with the area in

question. Regulation this load clear policy principle right ulayat and rights similar Public law

custom , as meant in Article le 3 law main agrarian. policy include :

perception right ulayat , criteria and regulations existence right ulayat and rights similar

Public law custom , authority Public law custom on soil ancestral.

Arranged things in PMNA/KBPN Number 5 of 1999 , among others, Article 2

paragraph

(1) : implementation right ulayat along still there is implemented by the community law the

custom concerned according to provision regulation legislation local. law custom. Provision

this arrange about provision right ulayat as long as in reality still implemented by the

community law custom provision law , Article 2 paragraph (2) PMNA/KBPN No. according

to rights considered still there is when :

a) To a group of people who are still feel bound with arrangement law custom as inhabitant

together from something fellowship law certain people who recognize and apply the

provisions of the fellowship in everyday life.

b) There is a certain ulayat land which is the living environment of the members of the legal

community and where they collect their daily needs.

c) The existence of a customary law order regarding the management, control and use of

customary land that is legal and adhered to by members of the legal alliance.

These three elements actually have to exist cumulatively.

Customary law research will be submitted to government deep district implementation

will involve expert law customs and elders custom local. However in Article 3 PMNA/KBPN

No. 5 of 1999 there are exception that is required implementation right ulayat Public law

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custom as meant in Article 2 no could again implemented , there peach. land which at the

time the Regional Regulation comes into force as referred to in Article 6:

a) Already owned by an individual or legal entity that has land rights according to the Basic

Agrarian Law.

b) Are parcels of land that have been acquired or acquired by government agencies and legal

entities or individuals in accordance with applicable provisions and procedures. The article

stipulates that the implementation of right ulayat can no longer be carried out on parcels of

land which at the time of the Regional Regulation as referred to in PMNA/KBPPN

Number 6 Furthermore in Article PMNA/KBPN No. 5 of 1999 The following table details

the year 1999:

1) Individuals and legal entities can control land parcels included in ulayat land as

referred to in Article 2; a) By an individual who is a member of the customary law

community and is concerned with tenure rights in accordance with the provisions of

applicable customary law, which if desired by the right holder can be registered as a

proper land right in accordance with the principles of agrarian law. b) By an

individual who is not a member of the customary law community and is concerned

with land rights in accordance with the basic provisions of agrarian rights law based

on the granting of rights from the state after the land

2) Indigenous peoples can release customary land for agriculture and other purposes that

require usufructuary rights or usufructuary rights in accordance with paragraph 1

letter b by submitting a system of use for a certain period of time, so that the period

has expired. After soil the no used again or abandoned , right effort or right use the

relevant deleted , and use next must approved by the community law the custom

concerned along right ulayat Public law the custom concerned. right To use effort or

state - granted use and extension as well as update no can exceed period time use land

by the community law the custom concerned in Thing as referred to in paragraph 2.

according to provisions of the UUPA, after soil released by society law custom , right

ulayat by individuals and legal entities could implemented by members Public law

custom , institution government , or natural persons who are not member Public law

customs related to land rights.

The rights of the head of adat and adat elders have the authority to regulate ulayat rights

in the context of public law. As customary law community officials, they are authorized to

manage, regulate, and lead designation , control , use , and maintenance soil together. here

shapes settlement of land rights disputes.

Individual rights and customary rights always interact with each other. One's right to a

piece of land is getting stronger and closer with the land in question the more many the

efforts they do. In scenario this , right ulayat on soil lost part from his rights. However

Constitution original say that right individual on soil permanent bound by rights customary ,

however strong law it. At the same time , the right individual has Becomes so strong in many

the place so that right ulayat has lost his strength or almost no there is. However , in the right

territory ancestral still strong , relationship Public with the land can Becomes tense from time

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to time. For example , when no there is again planted crops , rights ulayat Becomes strong

return until soil the return mastered completely by the community the custom concerned.

Right on plot soil could is lost if no done again until Becomes forest or bush shrubs

growing on it. After that , member Public other could process soil that. Clear meaning of

function social it. right on soil is subject of Customary Law. Right this is what the law sees

custom as " element " togetherness " in " practice. Member Public given opportunity for open

, control , and demand soil no only for owned but also for cultivated for needs they alone. If

the land that should be done abandoned , this contrary with function social. In accordance

with law custom , right on soil no only give authority but also oblige owner for process soil

that. According to draft law custom , this is it how. right individual on ground at first created.

With As a result , in reality development is very diverse , so that by general no could

said is Public law custom still yes , already no there is again , or no once there is same very in

an area of rights ancestral. With the more strong mastery inhabitant to parts soil together that

, then strength right ulayat Public law the custom concerned with alone weakened. Right

ulayat no abolished by the LoGA or the National Land Law , which may result in continuity

life or its preservation. On the other hand , evolution Public show trend for abolish Right

Ulayat by reasonable. Specifically with increase rights individual in Public law the custom

concerned.

Since the UUPA was enacted on September 24, 1960, all right on soil western law has

changed Becomes right on soil in accordance with UUPA. here reason main why Public law

custom village Wangel prohibited dominate land (previously known as HGU) in North

Wamar. Right Erfpacht changed to fit with BAL requirements after out.

On September 24, 1960, the rights on land that has been converted ends. The land

Becomes state land , and arrangements next conducted in accordance with UUPA and

regulations its implementation. By special , Regulation President No.32/1979 concerning

trees policy about gift right on soil new for conversion western rights.

1945 Constitution and laws next confess existence Public law customs and rights

ancestral. Unfortunately , right ulayat Public law custom often belittled by interests party or

group certain support government. Interest national , as poured in policy government , is

justification together. Mining , forestry , utilization islands small , and policy government

center or government areas that are in the interests of all investors reflect erosion right

ancestral. For the sake of national , eroded rights custom often result in damage environment ,

loss culture , and worst of all , the loss of identity national. Conflict often appear as

consequence from loss Public custom.

Conflict Among Public law customs and society law custom often is results from effort

government for complete complaints , in particular about obscurity territory boundary or

community area custom. In fact , the mechanism law has formed for complete conflict

involving Public law custom.

Regulation of the State Minister of Agrarian Affairs / Head of the National Land

Agency Number 5 of 1999 concerning Guidelines Solution Problem Customary Rights for

Indigenous Peoples contains mechanism solution problem right ancestral. Public law adat

whose management , control , and utilization based on provision law custom local and

recognized by members Public law the custom concerned as soil ancestral Becomes base

issued regulation this. as well as existence and mastery the land , presenting amount

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challenges in various area. Right ulayat defined more clear in regulation This : Legal Society

the custom concerned doing implementation right ulayat in accordance with provision law

custom local along rights that truly there is. legal society custom considered still have right

ulayat if :

1) There is a group of people who are still bound by order law custom as inhabitant together

from something fellowship law certain and which recognizes and applies provision

fellowship in life daily ; 2) there are soil ulayat certain which is environment the place stay

inhabitant fellowship law and place they take necessity life daily ; and 3) existence

arrangement law customary law and obeyed by citizens fellowship law about management

, control , and use Boedi Harsono say that right ulayat is set power and responsibility

responsibility owned by a Public law custom. dominate land in its territory. As mentioned

before , land this has Becomes supporter main eye livelihood and ways life Public from

time to time.and law civil covers not quite enough answer this.especially related with

ownership soil together.Task authority for manage , organize , and lead designation ,

control , use , and maintenance are also included in law public. All soil within the

jurisdiction Public the law in question subject to rights ulayat , good that has been

Becomes the rights of others and no. Not there is "res nullius" land in the neighborhood

Right Ulayat. In general no possible for determine by certain boundaries right ulayat

Public law custom territorial. Besides that , Maria SW Soemardjono state that right ulayat

show connection law Among soil or a specific area (object right ulayat ). rights ) and

society law (subject rights ). Authority the poured in ulayat rights. 1) Control and regulate

use land (for agriculture , settlements , supplies , etc. ), supplies (development of new rice

fields , settlements , etc.), and land maintenance;

2) Regulating and determining the legal relationship between people and land (granting

special rights for certain subjects);

3) between individuals and actions related law with land (such as sell purchase , inheritance ,

etc. ).

Local government must involve expert law custom , community law local customs ,

institutions self-subsistent communities , and institutions management source power natural

in the investigation to existence Public law customs and rights ancestral. on result research ,

whether still there is Public law custom. The boundaries of the area are listed on the map base

registration soil with affix sign cartography and if allow , describe the limits and take notes in

the land register if his existence still determined by regulations government area. Kurnia

Toha , Head of the Legal and Public Relations Center of BPN RI, stated , "BPN RI with

assertive acknowledge and respect existence right ulayat During right ulayat that truly exists."

Constitution recognize and protect right ulayat as right basic human. He state that BPN has

ulayat Public law custom only could conducted after regulation regional (perda ) is

established.

Anyone who wants work same or utilise right ulayat Public law custom could with easy

identify the parties who will contacted and negotiated if the boundaries of the community

clear according to law custom. right Public law real custom still there is before gift rights ,

applicant Required To do discussion with Public law the tradition that holds right ulayat and

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residents holder rights ," so clear statement in Constitution Number 18 of 2004 concerning

Plantations of the land in question for reach deal about surrender and replace make a loss soil

that.

Even though can said too late , however confession right ulayat Public law custom in

various laws and mechanisms confession Public law custom through Real local regulations is

step proactive for complete problem confession. right ulayat Public law custom. Could means

" law " responsive ” as product law from regulation governing area boundaries Public law

custom. However , often government postpone or even reject for handle existing problem. no

will continue if government respond with fast complaint Public customs and members Public

other contradicting with them. According to Nonet and Selznick, responsiveness is something

possibility in every system developed law , but reach promise that need environment politics.

Something community that has capacity political for face the issues required ry for law

responsive.Create commitment required and set priority.In realm justice , law responsive not

source miracle. Will and source power community political required for success. Even though

there is potency responsiveness in every arrangement advanced law , fulfillment promise

responsive depending on context supportive politics , contribution special is for facilitate

destination public and build spirit correct self to in the governance process. People who can

afford solve the problem , set priorities , and make commitment required required for

responsive law. Because responsive law no work like charm in system judiciary. Willingness

and resources power community political required for success. Contribution unique is push

correct self to in process governance and for facilitate destination public.

Mahfud continued , law responsive or populist is product law that fulfills hope society

and reflects a sense of justice. In the process of making it , the group social or individual

given significant role and participation full in society. to needs individual or group social in

society. Goods law that is responsive have a manufacturing process participatory , meaning

push as much possible participation Public through group social and individual.

Besides that , Achmad Sodiki6 emphasized that consideration tight economy relation

with well-being must taken into account in every related policies with agrarian and

management source power nature. reality community that has walk far away , no back off

like when various regulation legislation made. Lack of consideration aspect certainty law ,

protection law , justice and prosperity Public the place agrarian and resources power natural

exploited is disabled in Constitution agrarian until moment this. Population local no pick

benefit from thin it out all source power nature. Companies that manage and utilize source

power this no could responsible answer completely. As a result , some big profit company

which is characteristic from centralization government moment this. Government center must

notice the community whose territory is ds and the source power natural exploited and

distributed profit by fair to them.

For tie or comply with the parties , disputes concerning soil custom or soil ulayat

resolved through track law or mediation need based on approach multidimensional

(anthropological , sociological , etc. , in addition to approach juridical ). In other words, only

a formal legal strategy will produce results positive. Problem land that is not always related

with application regulation existing legislation no could solved only with law course. In order

to claim similar in the future could reduced , required various effort for ensure right economy

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society. If three (three ) conditions fulfilled , law positive in the field agrarian and rights

ulayat will synergize :

1) Objective understanding about state land , land ulayat , and rights on soil in framework

positive law and customary law ;

2) The method used is educative-persuasive and does not impose a unilateral will;

3) Traditional leaders, religious leaders, and formal figures who really understand customary

law and positive law (UUPA and its implementing regulations) must be used to implement

approach cultural-religious.

Clash interest Among those who believe that they have equal rights or plot soil cause

happening dispute land. People do action block or occupy land , and the parties are also

trying for show that they have greatest right. as a result no seldom many the aggrieved and

troubling party the surrounding community in situation like this. As a result , the parties will

attempted for complete every disputes that arise. Non -litigation or method solution dispute

alternative will Becomes choice first for solution dispute.

There are several stages of the completion process in solution dispute. Completion

process non- litigation dispute or alternative for dispute soil usually consist from three stage :

1) Stage Deliberation of the parties involved must obey three processes at a time this. The

procedure consists of:

a) Preparation is the first step. In this step it will be determined who will be the mediator

or mediator, who will understand difference opinion , where is the solution will done ,

when will happened , and who more will involved. Other things needed for support

deliberations will also be decided.

b) The opening of the second process is where information about the dispute will collected

from the applicant / plaintiff and the defendant / defendant , as well as description

witness of the plaintiff or defendant.

c) Closing is the third step, and it involves ending the discussion, declaring peace, signing

an agreement by the disputing parties (if it has been reached), calling witnesses, and

concluding the discussion.

2) Stage of Implementation of Deliberative Decisions At this point, the Parties will

voluntarily implement the Deliberative Decision Agreement, so that implementation is

relatively inexpensive.

3) Deliberation Closing Stage The authorized party, usually the leader of the deliberation,

will close the deliberation after an agreement is reached.

Chairman institution Public custom will investigate dispute it and endeavor finish it

based on complaint. This thing conducted for see is need there is institution Public law

custom or traditional council for Act as a mediator or middleman in dispute that.

Before start , there many interest different is necessary considered for complete dispute

land and respect the trust of the disputing parties to the mediator or arbitrator. In discussion

with the disputing parties , the mediator or mediator is necessary investigate by thorough ,

categorize , and understand dispute soil next for concentrate on the problem at hand and

determine contributing factors to happening dispute land.

Data that can be inform about land status and origin suggestion disputed land required

To use assisting mediators and intermediaries in complete dispute existing land. Parties who

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can reliable as source information provide the data. written or verbal , must investigated by

thorough. Not need long time because many things to do studied.

The disputing parties , witnesses , and the mediator or arbitrator are all required for

attend deliberation. The mediator or arbitrator must more formerly inviting all party before

discussion could started. Invitation no need to be formal or written , and can also given only

by verbal.

In most case , disputing parties complete alone dispute land and not give power to the

other party for represent them. This thing for prevent problem Becomes more bad because

intermediaries and other parties involved will with easy knowing interests and concerns of

the parties. Besides it 's easy for the parties for disclose his wish by direct to other parties and

intermediaries.

This thing no occur when our go to court , where usually the parties represented by a

representative law they because they more familiar with procedure court. People sometimes

reject for complete dispute soil through court because , apart from other factors such as long

process, expensive costs, etc., procedures like above seen not enough effective by the

community.

The mediator will give opportunity again to the parties for offer each solution above

dispute medium ground talked about after the parties feel enough for convey all interest them

and the disputed issues.

administrative court (PTUN ) must used for complete dispute if discussion no reach

deal. legal society custom push land office official for Secrete decision about the status of

rights soil ulayat (formerly known as Land Use Rights ) on command for start the completion

process through State Administrative Court. Decision letter office from the Land Office could

used as base lawsuit to state administrative court.

For looking for a win-win solution for dispute soil ulayat , community law custom use

alternative solution dispute (ADR). Win-win solution is something form profitable solution

second split disputing party because no there is winning side or lose and be in the same

position.different with court , where no there is another option for complete dispute. given

opportunity again for submit effort law , the disputing parties only have two choice : win or

lose. But in the end , the choice permanent same : win or lose.

Difference how the UUPA interprets right common and rights neither individual miss

from dispute land. BPN 's authority to publish certificate as State Administrators are right

general , while the transition process right influence right individual.

Publishing certificate , deed law transition right on land (sell ) buy , grant ), and release

soil for interest general is example dispute land that can arise. Five causes main dispute soil is

as following : 1) dispute consequence policy the government during the New Order era ; 2)

regulations overlapping laws overlap about source power agrarian ; 3) regulations

overlapping laws overlap in use land ; 4) quality source power man from apparatus executor ;

and 5) shift attitude Public to mastery land.

When it happens difference opinions , quarrels that last a long time, and when the

process reaches deal failed , path healthy communication disconnected. Must - have

prerequisites fulfilled for build procedure solution efficient dispute is both parties must notice

or respect tall right for hear and rights for heard for find similarity in solution problems /

disputes.

Analysis of Settlement Patterns Dispute Land Rights of Indigenous Peoples

83 Return: Study of Management, Economics and Business , Vol 1(No 2), Oct 2022

Completion process dispute influenced by three element main :

1) Intersecting interests;

2) Rights and Status of Power The disputing parties want their interests to be realized,

their rights to be enforced, and their powers to be demonstrated, used, and maintained.

The disputing parties will usually insist for maintain third factor the during the

completion process dispute.

Article 1 point 6 Regulation The Supreme Court Number 2 of 2003 defines mediation

as " solution " dispute through the negotiation process between the parties assisted by a

mediator” (Article 1 point 5), whose function help the parties in look for various choice

solution dispute. There are three track different that can taken mediation Public for reach

solution : mediation custom , mediation through the National Land Agency and mediation in

court.

In Indonesian society which consists of from various ethnic and social culture , solution

dispute through discussion between party more emphasized , upheld high and appreciated To

use guard familiarity unity and harmony social , normal called for institution custom.

Deliberation and consensus is two form solution disputes that have rooted and established.

With use Presidential Decree No. 10 of 2006 concerning the Role of the National Land

Agency in complete dispute land through Head of BPN RI No. 34 of 2007 concerning

Technical Guidelines (Technical Guidelines ) Handling and Resolution Problem land. The

National Land Agency does effort for doing Duty this , including through mediation.

In order to be alone possible no each other accuse and blame , the mediator must

capable create enabling atmosphere and conditions achievement compromise between the

parties or Among second split party. This thing will prevent mediation successful and allows

the parties for reach profit and satisfaction together. who are at odds. Mediators help in

implementation deal written that has signed by both split party if deal together has achieved

During mediation. Mediator then prepare agreement written for signed by the parties. Use

alternative solution dispute (ADR) no by explicit supported by regulations legislation in the

field of land. Court , judge always suggest that the parties complete by peace (Article 130

HIR).

CONCLUSION

Solution disputes that can taken in solution dispute soil ulayat is through discussion for

consensus and resolution through track law that is lawsuit to State Administrative Court for

get certainty law and protection for the parties to the dispute. Cooperation between

government and society law custom required in complete dispute right what happened so that

could give a sense of justice for Public law custom procedural law in force in Indonesia

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