PENGUASAAN TANAH ADAT OLEH MASYARAKAT POLEANG DITINJAU DARI UNDANG-UNDANG NO. 5 TAHUN 1960 (Suatu Studi di Kecamatan Poleang Kabupaten Bombana)

Abstract

This study aims: 1) To find out and understand the customary law land control by the Poleang community in Bombana Regency does not conflict with the UUPA. 2) To find out and understand the efforts of the local government made to overcome the customary law land control by the Poleang Community. The location of this research was conducted in Poleang Timur District, Bombana Regency with the consideration that in the district there are many people who control land on the grounds that the location of their ancestral settlements is recognized as customary land that must be maintained by descendants who have more rights to control and occupy the land. From the data obtained both through observation and direct observation in the field by the researcher will use empirical qualitative data analysis, so that the results of the analysis will be poured into the writing of the results of this study. The results of this study indicate: 1) That the customary law land control by the Poleang community in Bombana Regency is contrary to the provisions of the Basic Agrarian Law although in Article 3 it still recognizes customary rights to customary land but does not arbitrarily maintain the customary land if it will be used for development purposes by providing appropriate compensation to the local customary community. 2) That the government's efforts to overcome customary land ownership by the Poleang community have attempted several approach techniques both towards traditional leaders and the local community, but in reality there are still many people who have not responded to comply with the provisions set by the local government so that many people still maintain customary land ownership by arguing that land controlled by customary law must be continued as a mandate from their ancestors.