Decision of the Supreme Court and its implications

Oct 13, 2025 by wbrum.org 30 views

Introduction

The Toba Batak indigenous people in North Sumatra have a rich and unique tradition, especially in terms of land ownership. One way to surrender the recognized land is through a process called Parulosan, where the land is transferred by giving sulang stones. This tradition is not just a ritual, but also has significant legal implications related to legal certainty over land ownership. Understanding the mechanism of Parulosan is crucial in recognizing the legitimacy of land ownership in the Toba Batak community.

Mechanism of Parulosan's Parulosan

The parulosan process is carried out in the context of rituals involving the parties involved, where the stone functions as a symbol or a sign of the validity of land surrender. In practice, this ritual involves customary leaders and witnesses who strengthen the legality of the transaction. This mechanism creates a very strong social and cultural ties, ensuring that land surrender is not only understood as economic transactions, but also as part of the cultural identity of the Toba Batak community. The use of sulang stones in the parulosan process is a unique aspect of Toba Batak culture.

Land Ownership Validity

The main question that arises is how legitimate land ownership is obtained through this parulosan. Based on research and legal considerations, land ownership obtained through Parulosan is recognized as valid and cannot be contested. This is in line with the decision of the Supreme Court of the Republic of Indonesia in case number 3463 K/PDT/2017, which confirms that customary law that applies in the Batak Toba community must be respected. This decision shows that the state recognizes the existence of customary law as part of the national legal system, providing protection to indigenous peoples in terms of land rights. The recognition of customary law by the state is a significant step towards protecting the rights of indigenous peoples.

Decision of the Supreme Court and its implications

The Supreme Court Decision in this case confirms the appreciation of customary law in the Toba Batak community. The judge decided that the surrender of land through Parulosan using Sulang stone was valid and provided legal certainty for landowners. This decision reflects the recognition of the long-standing traditions and practices and emphasizes the importance of the preservation of customary values in the modern legal system. The decision of the Supreme Court has significant implications for the Toba Batak community and the recognition of customary law.

The Role of Customary Law in the Modern Legal System

This analysis shows that customary law and formal legal systems can go hand in hand, as long as there is mutual understanding and recognition of applicable cultural values. This is important in the context of diverse society in Indonesia, where customary law still has a significant role in the daily lives of society. The recognition of customary law is essential in promoting cultural diversity and preserving traditional values.

Conclusion

In the context of the Toba Batak community, the surrender of land in parulosan with the provision of sulang stones is not only a tradition, but is also a recognized legal practice. This research underlines the importance of understanding and recognition of customary law in the state legal system. With the Supreme Court's decision, the Toba Batak Indigenous Peoples get the legal certainty needed to protect their rights of land which is an integral part of their identity and culture. The sustainability of this tradition shows that customary law can contribute to the diversity of legal systems in Indonesia, while paying homage to local values that have existed for centuries. The decision of the Supreme Court is a significant step towards recognizing the rights of indigenous peoples in Indonesia.

Recommendations

Based on this research, the following recommendations can be made:

The government should recognize and respect customary law in the Toba Batak community and other indigenous communities in Indonesia.
The state should provide protection to indigenous peoples in terms of land rights and ensure that their rights are recognized and respected.
The Supreme Court's decision should be used as a precedent in recognizing the legitimacy of customary law in other cases.
The government should promote cultural diversity and preserve traditional values by recognizing and respecting customary law.

Limitations of the Study

This study has several limitations, including:

The study only focuses on the Toba Batak community and does not generalize to other indigenous communities in Indonesia.
The study only examines the decision of the Supreme Court in case number 3293 K/PDT/2017 and does not consider other relevant cases.
The study does not provide a comprehensive analysis of the impact of the Supreme Court's decision on the Toba Batak community and other indigenous communities in Indonesia.

Future Research Directions

Future research should focus on:

Examining the impact of the Supreme Court's decision on the Toba Batak community and other indigenous communities in Indonesia.
Conducting a comprehensive analysis of the recognition of customary law in the modern legal system.
Investigating the role of customary law in promoting cultural diversity and preserving traditional values.

Conclusion

In conclusion, this study provides a juridical analysis of Parulosan land ownership by giving sulang stone to the Toba Batak community. The study shows that the surrender of land in parulosan with the provision of sulang stones is not only a tradition, but is also a recognized legal practice. The Supreme Court's decision confirms the appreciation of customary law in the Toba Batak community and emphasizes the importance of the preservation of customary values in the modern legal system. The recognition of customary law is essential in promoting cultural diversity and preserving traditional values.

Q: What is Parulosan?

A: Parulosan is a traditional process used by the Toba Batak community in North Sumatra, Indonesia, to transfer land ownership. It involves the surrender of land by giving sulang stones to the new owner.

Q: What is the significance of sulang stones in Parulosan?

A: Sulang stones are used as a symbol or sign of the validity of land surrender in the Parulosan process. They are an integral part of the Toba Batak culture and are used to strengthen the legality of the transaction.

Q: Is Parulosan a recognized legal practice?

A: Yes, Parulosan is a recognized legal practice in the Toba Batak community. The Supreme Court of the Republic of Indonesia has confirmed the validity of land ownership obtained through Parulosan in case number 3293 K/PDT/2017.

Q: What is the role of customary law in the Parulosan process?

A: Customary law plays a significant role in the Parulosan process. It is the foundation of the Toba Batak community's traditional practices and is recognized by the state as part of the national legal system.

Q: How does the Supreme Court's decision affect the Toba Batak community?

A: The Supreme Court's decision provides legal certainty for landowners in the Toba Batak community. It confirms the validity of land ownership obtained through Parulosan and recognizes the importance of customary law in the modern legal system.

Q: What are the implications of the Supreme Court's decision for indigenous peoples in Indonesia?

A: The Supreme Court's decision has significant implications for indigenous peoples in Indonesia. It recognizes the existence of customary law as part of the national legal system and provides protection to indigenous peoples in terms of land rights.

Q: How can the state promote cultural diversity and preserve traditional values?

A: The state can promote cultural diversity and preserve traditional values by recognizing and respecting customary law. This includes recognizing the legitimacy of customary law in the modern legal system and providing protection to indigenous peoples in terms of land rights.

Q: What are the limitations of this study?

A: This study has several limitations, including:

The study only focuses on the Toba Batak community and does not generalize to other indigenous communities in Indonesia.
The study only examines the decision of the Supreme Court in case number 3293 K/PDT/2017 and does not consider other relevant cases.
The study does not provide a comprehensive analysis of the impact of the Supreme Court's decision on the Toba Batak community and other indigenous communities in Indonesia.

Q: What are the future research directions?

A: Future research should focus on:

Examining the impact of the Supreme Court's decision on the Toba Batak community and other indigenous communities in Indonesia.
Conducting a comprehensive analysis of the recognition of customary law in the modern legal system.
Investigating the role of customary law in promoting cultural diversity and preserving traditional values.

Q: What are the recommendations for the government?

A: Based on this research, the following recommendations can be made:

The government should recognize and respect customary law in the Toba Batak community and other indigenous communities in Indonesia.
The state should provide protection to indigenous peoples in terms of land rights and ensure that their rights are recognized and respected.
The Supreme Court's decision should be used as a precedent in recognizing the legitimacy of customary law in other cases.
The government should promote cultural diversity and preserve traditional values by recognizing and respecting customary law.