The Role of Custom Law in Settlement of Ulayat Land Disputes

Journal Title: International Journal of Social Science And Human Research - Year 2023, Vol 6, Issue 08

Abstract

Recognition of customary communal land is a problem that requires an appropriate pattern of handling including customary land in Makassar. This study aims to analyze the dispute resolution approach that guarantees legal certainty and examine the factors that influence the construction of customary community land dispute resolution in Makassar. This research uses normative legal research and empirical legal research. The analytical method used in this study is descriptive analysis obtained from qualitative and quantitative data. The results of the study show that the essence of customary law land dispute resolution can be resolved through positive law mechanisms and customary law mechanisms. As for the settlement of disputes on the object of the dispute through mediation, synchronization/harmonization of laws and the making of regional regulations. Nevertheless, the settlement efforts experienced various obstacles, including internal and external factors.

Authors and Affiliations

Muhammad Arafah Sinjar, Yuliana Yuli, Surahmad, Dwi Desi Yayi Tarina, Satino, Hermina Manihuruk

Keywords

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  • EP ID EP719449
  • DOI 10.47191/ijsshr/v6-i8-01
  • Views 66
  • Downloads 0

How To Cite

Muhammad Arafah Sinjar, Yuliana Yuli, Surahmad, Dwi Desi Yayi Tarina, Satino, Hermina Manihuruk (2023). The Role of Custom Law in Settlement of Ulayat Land Disputes. International Journal of Social Science And Human Research, 6(08), -. https://europub.co.uk/articles/-A-719449