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Original Research

CUSTOMARY INSTITUTIONS AS AN ALTERNATIVE TO SETTLEMENT OF LAND CASES IN THE KEI ISLANDS

BUMI AYU 1, MELLA ISMELINA 2, and GUNARDI 3.

Vol 18, No 02 ( 2023 )   |  DOI: 10.17605/OSF.IO/TA43G   |   Author Affiliation: Tarumanagara University Faculty of Law 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 879-899   |   Published on: 16-02-2023

Abstract

Land is seen as an object that is the center of life. Land is a permanent object, land is a place for humans to live and develop, live and carry out livelihood activities, land is also a place for humans to be buried after death, and land is known as an economic object that can be used and utilized to improve the welfare of human generations from the past. To the time so that the land is the most valuable wealth. However, along with the development of the times, there has been a gap between individuals in obtaining land which has resulted in many land problems arising. This research method uses an empirical juridical approach. This shows that institutionally the dispute resolution mechanism through customary institutions still faces many obstacles. Settlement efforts carried out by registration service officers and officers with the local government. Settlement with the mediation process with a very low success rate of mediation in court is not maximized. It is recommended that the central government immediately pass the Bill on the Recognition and Protection of the Rights of Indigenous Peoples into law.


Keywords

Customary Institutions, Dispute Resolution, Land