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All Journal Widya Yuridika LEGAL BRIEF Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
Sri Susyanti Nur
Hasanuddin University
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Status Kepemilikan Tanah Adat Yang Didaftarkan Secara Sporadik Di Kota Tual Ari Sadewo; Sri Susyanti Nur; Muhammad Ilham Arisaputra
Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i2.3553

Abstract

The Land Registration System according to Government Regulation Number 24 of 1997 does not include Customary/Ulayat Land as the subject of registration, but the Southeast Maluku Land Office registers customary lands sporadically through the First Registration mechanism, then the Tual City Government recognizes Larvul Ngabal as a customary law system by issuing a City Regulation Tual Number 04 of 2020 concerning Ratschap, Ohoi/Finua which was submitted to the Land Office of Southeast Maluku Regency is currently only owned by individuals/individual clans, with the stipulation that the conversion/proof of old rights is processed through the Recognition of Rights and the legal status changes from former land Customary rights become property rights that have legal force in accordance with the provisions of the legislation of the Unitary State of the Republic of Indonesia.
Existence Of The Towani Tolotang Community Based On Atr Candy Number 18 Of 2019 Heri Heril; Andi Suriyaman M Pide; Sri Susyanti Nur
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (222.16 KB)

Abstract

The Towani Tolotang community has for generations passed on and maintained the culture and beliefs that originated from its ancestors. The passage of time is quite long, proving that their community is able to survive all the influences and penetrations of other cultures that surround from all timelines. The purpose of this study is to determine the existence of the Towani Tolotang community based on the ATR Regulation Number 18 of 2019. This research is an empirical legal research, with primary and secondary data sources and analyzed descriptively. The results of the study concluded that the Towani Tolotang community cannot be said to be an indigenous law community, because of the non-fulfillment of the creteria listed in article 2 paragraph 2, Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 18 of 2019. Such as not having controlled indigenous territories and clear customary institutions. However, the Towani Tolotang community can be said to be an ordinary indigenous people, where they still have communally controlled areas that are only used as religious activities and traditional ceremonies and have Uwa' and Uwatta as the traditional stakeholders who are the highest decision-making among them.
Perlindungan Hukum Terhadap Tanah Adat Suku Bugis/Tolotang Di Kabupaten Sidenreng Rappang Heril Heril; Andi Suriyaman M Pide; Sri Susyanti Nur
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.16437

Abstract

The Towani Tolotang people still retain their beliefs from their ancestors, even though living in modern times today they are able to prove their existence by consistently maintaining their religious and cultural activities. Land is very important for the Towani Tolotang people because the land is not only a place to live and grow crops, but as a place to carry out religious or customary activities carried out throughout their existence. This research will examine the legal protection of land from Towani Tolotang in Sidenreng Rappang Regency. This type of research is empirical legal research, data sources are primary and secondary data and are analyzed descriptively. The results of the study found that preventive legal protection of towani Tolotang customary land until now has not existed, either the land registration or the recognition/regional regulations that protect the Towani Tolotang customary land. However, physical control of the land has been carried out from hundreds of years by their ancestors and there is recognition by the surrounding community of the control. The land that has strong legal evidence in this case the land certificate is the lands of the Towani Tolotang community which are used individually. The second type of legal protection is repressive, although the Towani Tolotang and Islamic people coexist in Amparita Lama (Amparita Village, Toddang Pulu Village, Arateng Village and Baula Village) they have different problem solving. In the Towani Tolotang society those who have disputes such as land can settle in Uwa' or Uwatta' which is the highest class among them. It was the fatwa of Uwa' or Uwatta' that was made legal by the Towani Tolotang people. Meanwhile, when the community is both Islamic or Islamic with Towani Tolotang, the dispute will be resolved in the village of the community or even can go to court in Sidenreng Rappang Regency.
Co-Authors Andi Suriyaman M Pide Ari Sadewo Heri Heril Heril Heril Muhammad Ilham Arisaputra