Perlindungan Tanah Ulayat Masyarakat Hukum Adat Batak Toba dalam Perspektif Hukum Positif di Indonesia ( Studi di Kabupaten Toba)

Abstract

This dissertation examines the protection of ulayat land of the Batak Toba indigenous law community within the perspective of Indonesia’s positive law, with a case study in Toba Regency. The background of this research arises from the increasingly complex agrarian issues in Indonesia, particularly conflicts over ulayat land involving the state, corporations, and tourism investment. Although legislation and regulations formally recognize ulayat rights, in practice the Batak Toba indigenous community continues to experience marginalization.The research addresses three main problems: (1) the availability of legislation in providing legal protection for ulayat land of indigenous communities in Indonesia; (2) the existence and status of ulayat land of the Batak Toba community in Toba Regency; and (3) the root causes of recurring conflicts over ulayat land in Toba. The objective is to identify regulatory gaps, examine the existence of Batak Toba ulayat land, and analyze the structural causes of agrarian conflicts. The study employs a normative juridical approach supported by empirical data through case studies of land disputes in Toba. Analysis is grounded in Gustav Radbruch’s theory of legal certainty, the theory of legal protection, and the concept of legal pluralism. Data sources include statutory regulations, court decisions, government documents, and interviews with customary leaders and local communities.Findings reveal that although ulayat rights are formally acknowledged in national law, their legal protection remains ineffective. Contributing factors include overlapping sectoral regulations (agrarian, forestry, plantation, and tourism), weak land administration mechanisms for verifying and registering ulayat land, and the limited implementation of Toba Regency Regulation No. 1 of 2020 on Ulayat Land. Consequently, the Batak Toba indigenous community not only loses access to land as a source of livelihood but also faces identity crises and legal uncertainty. This study emphasizes the need for harmonization between national and local regulations, the establishment of clearer legal instruments for ulayat land registration, and legal approaches that respect living law and Batak Toba local wisdom. Moreover, distinctions between communities with formal customary structures and those without must be considered, as these affect the legitimacy of ulayat land claims within the national legal system.The contribution of this research is twofold. Theoretically, it strengthens the paradigm of legal pluralism in the development of Indonesia’s agrarian law by positioning customary law as a relevant foundational source. Practically, it provides references for the Batak Toba indigenous community in defending their ulayat rights, and strategic input for both national and regional governments to improve agrarian regulations in a fair, inclusive, and sustainable manner.