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THE SOLUTION PROCES OF LAND MATTERS LAWSUIT BASIC LOCAL WISDOM
Andi Suriyaman Mustari Pide

Faculty of Law Hasanuddin University


Abstract

The study aimde to know how the existence of local wisdom values of customary law community has been able to become a solution in solving the land matters lawsuit by non-litigation approach. Type of this research was a descriptive-analytical by revealing the social reality, a law phenomenon, concerning the existence of local wisdom of function in order to solve various-conflict. To find information about fact and case was carried out research of several informants (formal and informal leaders and functionaries-law) in related to the existence of local wisdom on their communities. The objective of this research, hence focused on communities whose the values of customary law still adhered together with constancy of local wisdom. Research done by revealing onformation of factual condition of customary law where had been occurred the process of deulayatitation in regarding to rightful authority of land. The visible problem was overlapping between the standing-right of ulayat and the presence of land matters regulation for regulating rightful authority of land. Inexplicit of law certainty about rightful of land, absolutely, implicated to vertical conflict between community and government also triggered to horizontal conflict among local communities on arrogating the land matters. Thus, a policy was required to bring about the sentiment of communities in oreder to to feel secured and protected by. This study analyzed how local wisdom values within solving several conflicts, particularly land matters conflict. Not understood of positive law caused non-litigation approach basis local wisdom became option within solving of conflicts.

Keywords: customary law, land matters regulation, non-litigation, local wisdom, rightful protection of land

Topic: Investment and Settlement Disputes

Link: https://ifory.id/abstract/LDFRqgYnTvGr

Conference: The 1st International Conference on Trade, Business, Human Rights, and Globalization (ICTBHRsG 2019)

Plain Format | Corresponding Author (Andi Suriyaman Mustari Pide)

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