Settlement Of Uncertified Land Disputes Through Customary Law (Research Study at Kampung Berhut Kecamatan Terangun Kabupaten Gayo Lues)

Abstract

Article 19 paragraph (2) letter c of the UUPA states that certificates have many functions for their owners. The main and foremost function of the certificate is as a strong evidence. However, the problem of uncertified land often occurs in areas so that land disputes occur, one of which is at Kampung Berhut Kecamatan Terangun Kabupaten Gayo Lues. The purpose of this study is to find out and explain the process of resolving land disputes that are not certified through customary law at Kampung Berhut Kecamatan Terangun Kabupaten Gayo Lues, the obstacles faced and the legal consequences of resolving uncertified land disputes through customary law at Kampung Berhut Kecamatan Terangun Kabupaten Gayo Lues. This type of research is empirical juridical with a case approach. Sources of data used are primary data in the form of interviews with respondents and informants. Based on the research results it is known that; The process of resolving land disputes that are not certified through customary law at Kampung Berhut Kecamatan Terangun Kabupaten Gayo Lues, is that the Village Customary Court first asks the disputing parties to submit problems that become conflicts by providing existing evidence. The dispute between the two parties was resolved peacefully and the decision relied more on the nature of kinship and the statements of witnesses as evidence. Constraints faced in resolving uncertified land disputes through customary law are that the disputed land does not have a certificate, it is difficult to obtain accurate data, there is no clear sign as a land area limit, demands without clear evidence of ownership so that when During the deliberation, there was a cross of opinion between the disputing parties. The legal consequences of resolving land disputes that are not certified through customary law are for parties whose land area exceeds the original limit must return the part of land that does not belong to them to the rightful owner, land owners can make sales and purchases to third parties without any obstacles, land that is not clearly the boundaries become clear so that they can register the land to get a certificate and the disputing parties must obey and participate in implementing the decisions of the Village Customary Court from the results of joint deliberation. It is recommended to the Village Customary Court to be able to open the mindset of the disputing parties regarding peace efforts and various legal aspects as well as its scope.