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All Journal Petitum Law Journal
Rini Marselin Kaesmetan
Faculty of Law, Nusa Cendana University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS YURIDIS STATUS KEPEMILIKAN TANAH YANG DISENGKETAKAN OLEH PARA PIHAK DITINJAU DARI HUKUM ADAT DI DESA WONDA, KECAMATAN NDORI, KABUPATEN ENDE Maria Rosalia Sopi; Yossie M Y Jacob; Rini Marselin Kaesmetan
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22714

Abstract

This study aims to analyze the legal status of customary land ownership disputed by conflicting parties in Wonda Village, Ndori Subdistrict, Ende Regency, from the perspective of customary law. The background of the issue is a land dispute involving church representatives and members of a traditional clan over land located behind a church building. The research uses an empirical legal research method with data obtained through interviews, documentation, and literature review. The findings reveal that the primary cause of the dispute is a lack of communication and legal certainty regarding the status of the land, which is rooted in customary inheritance patterns and oral agreements. Furthermore, the absence of written proof of ownership has exacerbated the conflict between the parties. From a positive legal perspective, land ownership must be registered to obtain legal certainty. However, customary law recognizes land based on ancestral inheritance, even without official documentation. The resolution process involved mediation, but challenges arose due to conflicting historical claims and the absence of oath-taking customary procedures. The study concludes that there is an urgent need to harmonize customary and positive legal systems to prevent future land disputes and ensure protection for both communal and individual rights.
KEDUDUKAN HAK MILIK ATAS TANAH PADA LAHAN RUANG TERBUKA HIJAU DITINJAU DARI UNDANG-UNDANG NOMOR 26 TAHUN 2007 TENTANG PENATAAN RUANG (STUDI KASUS BANTARAN KALI OEPURA, KELURAHAN OEPURA, KECAMATAN MAULAFA, KOTA KUPANG) Sheila F L Foenay; Husni Kusuma Dinata; Rini Marselin Kaesmetan
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22973

Abstract

This research is an empirical study that aims to find out and analyze the position and legal consequences of property rights to land on green open space land in terms of Law Number 26 of 2007 concerning Spatial Planning on the banks of Kali Oepura, Oepura Village, Maulafa District, Kupang City. This research was conducted in Oepura Village. The types of data used are primary data and secondary data. The data collection techniques used were interviews and literature studies. The population in this study are the Head of ATR / BPN Kupang City, Maulafa Sub-District Head, Oepura Village Head, residents who live around the banks of Oepura River. The sample used in this research is a saturated sample technique with a total of 8 respondents. This research shows that the position of property rights to land on Green Open Space (RTH) land in terms of Law Number 26 of 2007 concerning Spatial Planning on the banks of Kali Oepura, Oepura Village, Maulafa District, Kupang City is the status of property rights. Despite having legal status as property rights, these lands must still be subject to the provisions of the social function of land rights (Article 6 of the UUPA) and as RTH to avoid conflicts of public and private interests that occur in the future.
Co-Authors Husni Kusuma Dinata Maria Rosalia Sopi Sheila F L Foenay Yossie Maria Yulianti Jacob