The Role of Custom Law in Settlement of Ulayat Land Disputes

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.