Problematika Penyelesaian Sengketa Tanah Adat Melalui Hukum Adat Di Desa Lumban Ruhap, Kecamatan Habinsaran, Kabupaten Toba, Provinsi Sumatera Utara

Abstract

The background of this thesis arises from the challenges encountered in resolving indigenous land disputes through customary law in Lumban Ruhap Village, Habinsaran District, Toba Regency, North Sumatra Province. The disputes that occur over indigenous land in Lumban Ruhap Village have resulted in legal uncertainty regarding land ownership for the indigenous community in the region. Based on these issues, this study formulates three research problems. First, what factors give rise to indigenous land disputes in Lumban Ruhap Village, Habinsaran District, Toba Regency, North Sumatra Province. Second, how the indigenous community resolves land disputes through customary mechanisms in the village. Third, what obstacles arise in resolving indigenous land disputes through customary law in Lumban Ruhap Village, Habinsaran District, Toba Regency, North Sumatra Province. The research employs an empirical juridical method with a descriptive- analytical approach. The study uses sociological and statutory approaches. Data were collected through interviews supported by literature research, and analyzed qualitatively in a descriptive manner. The findings reveal several causes of indigenous land disputes in Lumban Ruhap Village, including unclear legal status and ownership, ambiguous boundaries between individually owned land and customary land, population growth while land remains limited, and increasing community awareness. Dispute resolution conducted by the indigenous community involves deliberation led by the natua-tua ni huta and attended by the disputing parties and local residents. However, several obstacles hinder the dispute resolution process, including the absence of one or both parties, lack of willingness to reach a settlement, unavailability of witnesses, difficulty obtaining valid evidence, inadequate involvement of relevant parties, failure to meet the requirements of a peace agreement, unclear land boundaries, and uncertainty regarding land ownership.