SKRIPSI
SENGKETA KEPEMILIKAN TANAH ULAYAT TERHADAP TUMPANG TINDIH OBJEK TANAH YANG TERDAPAT PADA PUTUSAN MAHKAMAH AGUNG NOMOR 1720 K/Pdt/2016 DIHUBUNGKAN DENGAN HUKUM PERTANAHAN INDONESIA
Customary land is owned by indigenous community groups and is not
owned by individuals. Customary land is owned by Customary Law community
groups, not individuals. The polemic that emerged included, among other things, a
dispute over ownership of customary land regarding overlapping land objects
occurred in Sungai Beremas Nagari Air Bangis, West Pesaman Regency, West
Sumatra. The aim of this research is to find out, study and analyze the regulation of
customary land ownership regarding overlapping land objects which are linked to
Indonesian land law, the legal consequences of overlapping customary land objects,
and the resolution of customary land ownership disputes regarding overlapping land
objects.
The method used in this research uses a descriptive-analytical method,
namely research that is intended to analyze existing problems through data that has
been collected and then processed and arranged based on the basic theories and
concepts used. The approach method used in this research is the normative juridical
approach method, namely research that is focused on examining the application of
rules or norms in positive law. The research stage used is through library research
and field research by searching for library materials in libraries that in Bandung and
interviews with parties who are related to the case and location being researched.
Based on the results of this research, the regulations governing ulayat land
ownership are contained in West Sumatra Regional Regulation No. 6 of 2008
concerning ulayat land and its use. The legal consequence of overlapping ownership
of customary land is the loss of the right to control the customary land that is the
object of the case. The resolution of this customary land dispute case was resolved
through the KAN customary institution, however this settlement ended up going
through litigation because one of the parties was still unable to accept the results of
the consensus deliberation that took place.
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