Denis Alexander, Pekey (2016) Penyelesaian Sengketa Tanah Hak Ulayat di kabupaten Nabire Provinsi Papua(Suatu Penelitian Deskriptif Kualitatif di kabupaten Nabire,Provinsi Papua). [Experiment]

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Abstract

Land has a meaning and a very important role for human life, because all people need the land during his life to death and given the composition of life and economic patterns are still patterned largely agrarian. The importance of human relationships with the land other than in relation to the law, customary law has a relationship of cosmic-magical-religious. This relationship is not between individuals with the ground, but also among a group of members of the public an alliance customary law (rechtgemeentschap) in relation to customaryrights.The aim of research to find out what the reasons underlying the emergence of customary rights land disputes in Nabire and the process and procedures used by the parties to the dispute resolution customary rights land in Nabire. The author conducted research using empirical juridical approaches to the specification of research is descriptive. Data collection techniques used are primary data dipeoleh through interviews and secondary data consists of primary legal materials in the form of legislation relating to the object under study, secondary law material in the form of books, scientific papers and material legal tertiary in the form dictionary Indonesian and English dictionary. The data obtained and analyzed qualitatively. Based on the survey results revealed that the reasons underlying the emergence of customary rights land disputes in Nabire caused by economic factors and factors of social jealousy. Land dispute resolution processes customary rights in Nabire done in non-litigation which obtained the agreement by consensus on the demands of indigenous peoples and tribes Yeresiam Wate tribe. There are two (2) stages: stage musyawarah dan implementation phase result of deliberation. The need for a shared understanding between local governments and communities about the existence of customary law and the legal position of customary rights with the increase of information on the law in the land sector, especially with regard to communal land. Keywords: land disputes, land rights, alternative dispute resolution / ADR

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