Settlement of Ulayat Land Disputes between Indigenous Peoples of Grandma and PTPN V in Kenegerian Senama Grandma Tapung Hulu District Kampar Regency Riau Province
Introduction The settlement of customary land disputes between indigenous peoples and companies is a complex issue that has been ongoing for decades in various parts of Indonesia. In Kenegerian Senama Grandma, Tapung Hulu District, Kampar Regency, Riau Province, a long-standing dispute between local indigenous communities and PTPN V companies has been a major concern. This dispute revolves around the rights to customary land, which is a hereditary legacy from the community. The role of customary institutions in resolving these disputes is crucial in maintaining welfare and justice for indigenous peoples.
The Importance of Customary Institutions in Resolving Customary Land Disputes
Customary institutions play a vital role in resolving customary land disputes between indigenous peoples and companies. In the context of Kenegerian Senama Grandma, the Ninik Mamak Customary Institution has served as a representative of indigenous peoples to resolve the customary land dispute that has been ongoing since 1996. The management of customary land in Kampar Regency is generally handled by Ninik Mamak, who has the responsibility to maintain the rights of indigenous peoples. The role of customary institutions is not only to resolve disputes but also to protect the rights of indigenous peoples and ensure that their interests are represented.
The Complexity of Customary Land Disputes
Settlement of customary land disputes is a complex issue that involves legal and social aspects. The management of customary land in Kampar Regency is governed by a set of regulations that are often in conflict with national land law. The existence of customary law plays a vital role in resolving land disputes, but it also has implications for national land law, where customary rights are not always recognized by positive law. This has led to a number of discrepancies with regulations governing land ownership, where PTPN V was considered to take over the rights of land that should belong to indigenous peoples.
Research Methodology
This study uses an empirical juridical approach with descriptive methods. Data obtained through literature studies and qualitative analysis that aims to understand and explain the problem in depth. The deductive-inductive method is used to draw conclusions from the data collected. The study aims to provide a comprehensive understanding of the settlement of customary land disputes between indigenous peoples and companies in Kenegerian Senama Grandma.
Results and Discussion The results of this study showed that the resolution of customary land disputes requires attention to the principles of welfare, security, and humanity. This is important to prevent disputes from developing into greater social conflicts. In this case, it was found that there were a number of discrepancies with regulations governing land ownership, where PTPN V was considered to take over the rights of land that should belong to indigenous peoples. The study also found that the existence of customary law plays a vital role in resolving land disputes, but it also has implications for national land law.
The Role of Customary Law in Resolving Land Disputes
Customary law plays a vital role in resolving land disputes between indigenous peoples and companies. Customary rights are the collective rights of the community for land inherited from generation to generation. Therefore, the existence of customary law is essential in resolving land disputes. However, the diversity in customary law also has implications for national land law, where customary rights are not always recognized by positive law. This has led to a number of discrepancies with regulations governing land ownership.
The Need for Synergy between Customary Law and State Law
The settlement of customary land disputes requires synergy between customary law and state law. This is essential to achieve a fair solution for all parties involved. The study found that the Ninik Mamak Customary Institution has played a crucial role in resolving the customary land dispute between indigenous peoples and PTPN V. However, the study also found that the institution needs to be strengthened to protect the rights of indigenous peoples.
Conclusion The settlement of customary land disputes in Kenegerian Senama Grandma involves many factors, including the role of Ninik Mamak traditional institutions that must be strengthened to protect the rights of indigenous peoples. Synergy between customary law and state law is needed to achieve a fair solution for all parties. Through an approach based on the principle of welfare and justice, it is expected that the customary land dispute can be resolved in a way that not only prioritizes juridical aspects but also pays attention to the social and cultural aspects of indigenous peoples.
Recommendations
Based on the findings of this study, the following recommendations are made:
The Ninik Mamak Customary Institution should be strengthened to protect the rights of indigenous peoples.
Synergy between customary law and state law is needed to achieve a fair solution for all parties.
The government should recognize the existence of customary law and its implications for national land law.
The government should provide support to indigenous peoples to protect their rights and interests.
Limitations of the Study
This study has several limitations, including:
The study only focuses on the settlement of customary land disputes between indigenous peoples and companies in Kenegerian Senama Grandma.
The study only uses descriptive methods to collect data.
The study does not provide a comprehensive understanding of the settlement of customary land disputes in other parts of Indonesia.
Future Research Directions
Future research should focus on the following areas:
The settlement of customary land disputes in other parts of Indonesia.
The role of customary institutions in resolving customary land disputes.
The implications of customary law for national land law.
By addressing these research gaps, future studies can provide a more comprehensive understanding of the settlement of customary land disputes in Indonesia.Frequently Asked Questions (FAQs) about Settlement of Ulayat Land Disputes between Indigenous Peoples of Grandma and PTPN V in Kenegerian Senama Grandma Tapung Hulu District Kampar Regency Riau Province
Q: What is the main issue in the settlement of customary land disputes between indigenous peoples and companies in Kenegerian Senama Grandma? A: The main issue is the dispute over the rights to customary land, which is a hereditary legacy from the community. The indigenous peoples claim that the land belongs to them, while the companies, such as PTPN V, claim that they have the right to use the land for their business purposes.
Q: What is the role of customary institutions in resolving customary land disputes? A: Customary institutions, such as the Ninik Mamak Customary Institution, play a vital role in resolving customary land disputes. They represent the interests of the indigenous peoples and ensure that their rights are protected.
Q: What are the principles that should be considered in resolving customary land disputes? A: The principles of welfare, security, and humanity should be considered in resolving customary land disputes. This is essential to prevent disputes from developing into greater social conflicts.
Q: What is the significance of customary law in resolving land disputes? A: Customary law plays a vital role in resolving land disputes. Customary rights are the collective rights of the community for land inherited from generation to generation. Therefore, the existence of customary law is essential in resolving land disputes.
Q: What are the implications of customary law for national land law? A: The diversity in customary law has implications for national land law, where customary rights are not always recognized by positive law. This has led to a number of discrepancies with regulations governing land ownership.
Q: What is the need for synergy between customary law and state law in resolving customary land disputes? A: Synergy between customary law and state law is needed to achieve a fair solution for all parties involved. This is essential to ensure that the rights of indigenous peoples are protected and that the interests of companies are also considered.
Q: What are the recommendations for resolving customary land disputes in Kenegerian Senama Grandma? A: The following recommendations are made:
The Ninik Mamak Customary Institution should be strengthened to protect the rights of indigenous peoples.
Synergy between customary law and state law is needed to achieve a fair solution for all parties.
The government should recognize the existence of customary law and its implications for national land law.
The government should provide support to indigenous peoples to protect their rights and interests.
Q: What are the limitations of this study? A: This study has several limitations, including:
The study only focuses on the settlement of customary land disputes between indigenous peoples and companies in Kenegerian Senama Grandma.
The study only uses descriptive methods to collect data.
The study does not provide a comprehensive understanding of the settlement of customary land disputes in other parts of Indonesia.
Q: What are the future research directions for this study? A: Future research should focus on the following areas:
The settlement of customary land disputes in other parts of Indonesia.
The role of customary institutions in resolving customary land disputes.
The implications of customary law for national land law.
By addressing these research gaps, future studies can provide a more comprehensive understanding of the settlement of customary land disputes in Indonesia.