PENGAKUAN TERHADAP FUNGSIONARIS
LEMBAGA ADAT SEBAGAI MEDIATOR DALAM
ALTERNATIF PENYELESAIAN SENGKETA
PERTANAHAN ANTAR WARGA MASYARAKAT
DI KABUPATEN NGADA
(Sebuah Konsep Menuju Ius Constituendum)
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Institusion
Universitas Atma Jaya Yogyakarta
Author
LAE, THEODORUS
Subject
Hukum Agraria
Datestamp
2015-06-16 08:31:29
Abstract :
This study aims to identify and investigate acknowledgement on customary institution functionary as a mediator in alternative solution of land dispute between community members in Ngada Regency, and to investigate ius constituendum concept to strengthen customary institution functionary as a mediator in alternative solution of land dispute between community members. This study is a normative law study. The approach used in this study is law political approach. Data collecting method is through literature study and interview. Method used to analyze secondary data in the form of primary and secondary material law is qualitative method through interpretation and evaluation with law system theory, law objective theory, and human rights theory. The result shows that in Ngada Regency, acknowledgement on customary institution functionary as a mediator in alternative solution of land dispute between community members is different with different reasons as well. On customary law communities, since long time ago until now, they still acknowledge on customary institution functionary as a mediator in alternative solution of land dispute between community members, with the reason that dispute resolving by customary institution functionary is done by discussing with mediation way, setting out family spirit that offers peace to all sides. Land office of Ngada Regency, haven't acknowledged on customary institution functionary as a mediator in alternative solution of land dispute between community members yet, with the reason that the existence of customary institution with its functionary hasn't legalized/formalized yet. Bajawa District Court, haven't acknowledged on customary institution functionary as a mediator in alternative solution of land dispute between community members, with the reason that on customary institution functionary hasn't owned a mediator certificate. Ius constituendum concept to strengthen the customary institution functionary as a mediator in alternative solution of land dispute between community members, that is, there is a need to do an updating on law substance through the forming of the Law, formation of District Regional Regulation, establishment of Supreme Court Regulation, and the establishment of National Land Agency Regulation.
This study aims to identify and investigate acknowledgement on customary institution functionary as a mediator in alternative solution of land dispute between community members in Ngada Regency, and to investigate ius constituendum concept to strengthen customary institution functionary as a mediator in alternative solution of land dispute between community members. This study is a normative law study. The approach used in this study is law political approach. Data collecting method is through literature study and interview. Method used to analyze secondary data in the form of primary and secondary material law is qualitative method through interpretation and evaluation with law system theory, law objective theory, and human rights theory. The result shows that in Ngada Regency, acknowledgement on customary institution functionary as a mediator in alternative solution of land dispute between community members is different with different reasons as well. On customary law communities, since long time ago until now, they still acknowledge on customary institution functionary as a mediator in alternative solution of land dispute between community members, with the reason that dispute resolving by customary institution functionary is done by discussing with mediation way, setting out family spirit that offers peace to all sides. Land office of Ngada Regency, haven't acknowledged on customary institution functionary as a mediator in alternative solution of land dispute between community members yet, with the reason that the existence of customary institution with its functionary hasn't legalized/formalized yet. Bajawa District Court, haven't acknowledged on customary institution functionary as a mediator in alternative solution of land dispute between community members, with the reason that on customary institution functionary hasn't owned a mediator certificate. Ius constituendum concept to strengthen the customary institution functionary as a mediator in alternative solution of land dispute between community members, that is, there is a need to do an updating on law substance through the forming of the Law, formation of District Regional Regulation, establishment of Supreme Court Regulation, and the establishment of National Land Agency Regulation.
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