Role Of Customary Institution In Conflict Resolution Of The Rights On Customary Communal Land (Study on communal land conflict in Simangambat Jae Village Simangambat district of Padang Lawas Utara Regency)

DOI

10.2991/icosop-17.2018.7How to use a DOI?

Keywords

conflict, customary communal land, indigenous people, customary institution

Abstract

Customary communal land's conflict between Hasibuan's tribe indigenous people and PT. Torganda is a dynamic conflict of customary communal land which occurred in Simangambat Jae village Simangambat District of Padang Lawas Regency for a long time. Many efforts have been done by the customary institution to resolve the problem, by having advocate advice from customary institution, Civil Society Organization (LSM) and legal aid institution (LBH) to request help from (parliament, Tapanuli Selatan Regency government office, and National Land Agency) until the legal fight. This study uses a Qualitative-Descriptive research method with case study approach, this study will systematically dig up the information of customary communal land conflict to find out the conflict dynamic of the comunal land and the resolution has been done. Theory concept used in portraying the comunal land conflict in Simangambat Jae Village in Simangambat Disctrict of Padang Lawas Regency is customary law, customary law community, costumary comunal land, customary functionary, conflict theory, and government role. Seen from the conflict occurred between the chief of customary, customary community and the plantation management and also the concession problem over comunal land where the government should involve in finding resolution to the conflict. There was a role of shadowed actor behind the main actor to create a new conflict as an effect of the unsolved main conflict. The dynamic of previous conflict form a horizontal conflict, and the complex of actors creates a friction of issue and form a vertical conflict. The conflict originally based on behalf economy, socio-cultural, politic and law of the whole actors of the chief customary, Hasibuan clan's indigenous people, and plantation management which threaten the identity (horizontal conflict), now become the Hasibuan clan's indigeneous people with government (Vertical conflict) in Simangambat Jae village Simangambat District of Padang Lawas Regency that counting the customary comunal land in register 40 which is a part of protected forest.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Mukhrizal Effendi
AU  - M. Arif Nasution
AU  - R. Hamdani Harahap,
AU  - Muryanto Amin
PY  - 2017/12
DA  - 2017/12
TI  - Role Of Customary Institution In Conflict Resolution Of The Rights On Customary Communal Land (Study on communal land conflict in Simangambat Jae Village Simangambat district of Padang Lawas Utara Regency)
BT  - Proceedings of the 2nd International Conference on Social and Political Development (ICOSOP 2017)
PB  - Atlantis Press
SP  - 37
EP  - 43
SN  - 2352-5398
UR  - https://doi.org/10.2991/icosop-17.2018.7
DO  - 10.2991/icosop-17.2018.7
ID  - Effendi2017/12
ER  -