Perlindungan Hukum Tanah Ulayat (Golat) Masyarakat Adat Batak Terhadap Pembangunan Monumen Berdasarkan Sistem Hukum Adat Di Indonesia (Studi Putusan Mahkamah Agung Nomor 529 Pk/Pdt/2020)

Abstract

Land ulayat or Golat in the customary law community of Batak Toba refers to communal land collectively controlled by the descendants of the village (huta) founder, holding significant economic, social, and spiritual value for the survival and identity of the clan. In the era of increasingly rapid national development, the existence of customary land rights faces various challenges, including conflicts with infrastructure development and other economic interests. This research aims to analyze the position of the village head in the land ulayat (Golat) control system of Batak custom, the inheritance system of land ulayat (Golat) in land ownership based on Batak customary law, and the analysis of judges' considerations in providing legal protection for land ulayat (Golat) of the Batak customary community based on Supreme Court Decision Number 529 PK/Pdt/2020. This research is a normative juridical legal research that is descriptive in nature. The data used are primary and secondary data with data collection techniques through literature study and interviews as supporting data, then qualitative data analysis was conducted. The research results show that the Village Head in the Batak customary land ulayat control system is positioned as a liaison between the customary law system and the state law system, with administrative authority to provide written statements, facilitate data collection and mapping of land ulayat, as well as preventive and responsive responsibilities in preventing violations and resolving disputes through customary deliberation, but not as the owner because land ulayat remains communal property of the customary law community. The land ulayat inheritance system in Batak customary law adheres to the patrilineal principle that bequeaths land to male children as successors of the clan. The judges' considerations in Supreme Court Decision Number 529 PK/Pdt/2020, which upheld the granting of the unlawful act lawsuit, contain fundamental weaknesses because they erroneously interpreted land ulayat as exclusive property of one lineage, ignored the 1994 and 2013 clan agreements that stated the equality of the four children of Toga Gultom, qualified the construction of a monument to honor ancestors as an unlawful act when it is actually a cultural right guaranteed by customary law, ignored previous decisions that had obtained permanent legal force, and insufficiently encouraged resolution through customary deliberation, thus failing to provide substantive justice and potentially sharpening internal conflicts within the clan