KONFLIK PENGALIHAN TANAH HAK ULAYAT DI KABUPATEN JAYAPURA PAPUA
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This dissertation aims to discuss and answer two questions. The first question is why the ownership transfer of Tanah Hak Ulayat (costumary land) in Jayapura Regency still problematic. The second is how to resolve this problem. It is essential that these questions be answered because the ownership transfer of Tanah Hal Ulayat in Papua, especially in Jayapura Regency, still raises problems, especially within the indigenous law community. There are several policies that have regulated such land, but various problems continue to arise and conflicts always occur after a transfer of land ownership has been resolved with these policies. The data that were analyzed to answer these questions are qualitative data collected from the research field through observations, interviews, and document study. The data were analyzed through analytical descriptive technique. The author, in the next stage, grouped the data and subsequently present them in writing by using a socio-historical approach, which was looking at the phenomenon of the conflict over Tanah Hak Ulayat while taking account of the social and historical aspects of land ownership in Papua. This dissertation presents two findings. The first finding is that, in principle, the Tanah Hak Ulayat is land whose ownership cannot be transferred through transactions or other other means, such as land acquisition for the government’s interests, any of which is not practiced by the customary law community. This implies that problems arise in the owneership transfer because the method of transfer is not in accordance with the procedure of customary law. The second finding is that the strategy to resolve the conflict over Ulayat Land Rights is by utilizing customary law, by involving the customary law community from the outset. It has been fact that the transfer of customary land has been made under agraria law, and it tends to put customary law community at some disadvantages. This dissertation recommends that the settlement of the Tanah Hak Ulayat conflict be reached by taking account customry aspects, especially the involvement of customry community in the process of the ownership transfer of Tanah Hak Ulayat.