Analisis Yuridis terhadap Perbuatan Melawan Hukum dalam Sengketa Hak Kepemilikan Tanah Adat dan Perusakan Simbol Adat (Studi Putusan Mahkamah Agung Nomor 435 K/Pdt/2021)

Abstract

Customary land disputes in Indonesia reflect the complexity of the relationship between the national legal system and customary law, where constitutional recognition through Article 18B paragraph (2) of the 1945 Constitution has not been fully effective in resolving ownership conflicts rooted in cultural perception differences and economic interests. The case in Huta Lumban Gambiri is a concrete representation of the dynamics of customary land conflicts that require a comprehensive approach respectful of the traditional rights of local communities. The research questions of this thesis are as follows: 1) What are the legal characteristics of ulayat (customary) land in Indonesia's land law system and customary symbols based on customary law? 2) How is legal protection afforded to the ownership of Batak Toba customary land and traditional symbols? 3) How is the juridical analysis of unlawful acts in the dispute over customary land ownership and the destruction of Batak Toba customary symbols, based on Supreme Court Decision Number 435 K/Pdt/2021?

This study employs normative juridical legal research supported by Interviews, A literature review was conducted to obtain secondary data, including primary, secondary, and tertiary legal materials related to the research issues The study 1s descriptive in nature and the data were analyzed qualitatively The research findings Indicate that the legal characteristics of Batak Toba ulayat land are communal-spiritual, with ownership based on patrilineal lineage and genealogical-territorial identity manifested through customary symbols such as the Hariara tree. Legal protection faces challenges due to the dualism between constitutional recognition and the application of Western civil law. Although legal regulations have evolved, further harmonization and recognition of the immaterial value of customary symbols are still needed, The Supreme Court Decision Number 435 K/Pdt/2021 recognizes the legitimacy of ulayat rights within the framework of unlawful acts and accepts the historical Register De Kampoengs as valid evidence However, the decision reflects inconsistency by rejecting compensation for the destruction of the Hariara tree, indicating a lack of understanding of the concept of immaterial loss in customary law.