PERADILAN ADAT SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA PELEPASAN TANAH ADAT

Abstract

This study aims to explain “Customary Courts as an Alternative for Settlement of Customary Land Release Disputes. The object of this legal research was carried out in Merauke Regency in particular to look at the release of customary land owned by individuals to the Marind Tribe for. The type of research used is normative juridical, namely research that is focused on testing the application of rules or norms in applicable positive law to be compared with the application of customary law. The approach used by the author is the law approach and the conceptual approach. The above approach and the legal opinions of legal experts are guidelines for the author in having a legal opinion in solving the problems in this writing. The letter of relinquishment of customary land is an important matter. Because when our community does not have a certificate of releasing customary land, then the local indigenous people who can prove that they are the ones who own the land can take and claim the land back. The importance of traditional rituals (Bakar Babi/Toki Babi) in the Marind Tribe is for the transfer of customary land carried out by the community which is used as an announcement by the customary land owner so that the relationship between the customary land owner and the indigenous community is severed, so that from a series of traditional rituals (Bakar The Pig/Toki Babi) resulted in the emergence of a certificate of release of customary land issued by LMA as a form of written acknowledgment of the release of customary land.