Eksistensi Tanah Bengkok dalam Hubungan Hukum Keperdataan Adat di Kabupaten Dati II Sukoharjo

Abstract

The purpose of this study is to investigate and reveal some issues on the existence of village-owned land (tanah “bengkok”), its object and subject, right and obligation of village-owned land holders, civil and common law relationship with village-owned land object, as well as the solution when disputes exist. The study was conducted by administering questionaires to respondents, and was provided with direct interview with the respondents and related authorities and field direct observation. The data was quantitatively ordered in the form of frequency table, then discussed qualitatively by comparing common-law theories and valid constitution provisions. The results of study in Sukoharjo Regency show that the existence of village-owned land both in the community and constitution status tends to be weaker in its positions, and even will be abolished, while relating to its position within civil law it can be an object although it is temporary in nature and its position is lower than ownership right. Its object consists of wet field dry paddy-field and dry field. Its subject are active village servants and authorities and its areas are in accord with village capability. They have right to earn facilities (harvesting crop and rental) over the land during their encumbrance and are obliged to pay taxes and cultivate as their own property. Civil law relationship carried out is annual sale and crop-share agreement which is still dependent upon the local common law. Where the disputes exist, they can be dissolved by the parties through mutual agreement. Only concerning cases relating to village right, a village chief has to interface