PENYELESAIAN SENGKETA PERALIHAN TANAH ULAYAT DI DESA SIGAPITON, KECAMATAN AJIBATA, KABUPATEN TOBA

Abstract

The Regional Regulation of North Sumatra Number 5 in 2018 concerning the North Sumatra Tourism
Development Master Plan from 2017-2025, in clause 17 letter b says that Sigapiton Village is one of the
tourism development areas of North Sumatra. And in 2017 the State represented by the Regional
Government of Toba Regency built a tourist area called The Kaldera Toba on the Customary Land of
Sigapiton Village. The government said that their customary land had been transferred by the ancestors of
Sigapiton Village in 1952 to the State and had become State land in that year. The people of Sigapiton
Village asked for documents on the transfer of their customary land but the Regional Government of Toba
Regency could not show the documents on the transfer of their customary land to the State. The purpose of
this research is to resolve the problem of the transfer customary land with the state, where the Sigapiton
village community wants their rights of their Customary land back so they could manage it and state
recognizes the existence of their customary land so there is no more disputes between the Sigapiton village
community to state and state to another village community.
The method that used in this research is Sociological can be research that could see the correlation
between law and society, so as to reveal the effectiveness of the enactment of law in society and identify
unwritten laws that apply to society. This research was conducted in Sigapiton Village, Toba Regency. The
sources of data that used are primary data and secondary data, with data collection techniques in this study
are observation, questionnaires, interviews and literature review.
The result of the author's research is that the Sigapiton Village Community had negotiated with the
government. In terms of the first negotiation and second did not produce any results. And in the third
negotiation, the government promised to gave back the Customary Land of the Sigapiton Village Community of
about 400ha. The approximately 400ha should be returned in a clear legal status that had certificate of
returned land with clear boundaries by National Land Agency (BPN).
Keyword: Transition, Customary Land, Dispute Settlement.