Settlement of Customary Land Disputes Due to Overlapping Customary Land Releases in Skouw Sae Village Muara Tami District Jayapura City

Land disputes in Skouw Sae Village, Muara Tami District, Jayapura City, still occur. The purpose of this study is to determine the process of resolving customary land disputes related to the release of overlapping customary land and to determine the obstacles faced in the process of resolving customary land disputes related to the release of overlapping customary land in Skouw Sae Village, Muara Tami District, Jayapura City. The approach used in this study is the normative and empirical legal approach, which refers to laws, literature, written regulations, or other secondary legal materials and sees the reality that occurs in the field. The results of this study reveal that the process of resolving customary land disputes related to the release of overlapping customary land in Skouw Sae Village is through deliberation led by the Customary Head or Customary Figure (Ondoafi), witnessed by the village head, local village head/sub-district head, then the disputing parties are brought together by bringing written evidence of a customary land release letter which is proof of ownership of the customary land. Meanwhile, the obstacles faced in the process of resolving customary land disputes related to the release of overlapping customary land can be seen from two factors, namely internal factors and external factors, where the internal factor is because the disputing parties want to win on their own, each insists on defending their property, and the external factor is the interference of external parties which worsens the problems that occur on both sides.

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Publication Details

Journal
Journal of Progressive Law and Legal Studies
Published
2025-01-22
DOI
https://doi.org/10.59653/jplls.v3i01.1418
Citations
1
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
15.98
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article

Settlement of Customary Land Disputes Due to Overlapping Customary Land Releases in Skouw Sae Village Muara Tami District Jayapura City

Johan Rongalaha, Daniel Tanati
1 citations
Journal of Progressive Law and Legal Studies
Legal Studies and Policies
15.98
article

Settlement of Customary Land Disputes Due to Overlapping Customary Land Releases in Skouw Sae Village Muara Tami District Jayapura City

Johan Rongalaha, Daniel Tanati
article en
1 citations

Abstract

Land disputes in Skouw Sae Village, Muara Tami District, Jayapura City, still occur. The purpose of this study is to determine the process of resolving customary land disputes related to the release of overlapping customary land and to determine the obstacles faced in the process of resolving customary land disputes related to the release of overlapping customary land in Skouw Sae Village, Muara Tami District, Jayapura City. The approach used in this study is the normative and empirical legal approach, which refers to laws, literature, written regulations, or other secondary legal materials and sees the reality that occurs in the field. The results of this study reveal that the process of resolving customary land disputes related to the release of overlapping customary land in Skouw Sae Village is through deliberation led by the Customary Head or Customary Figure (Ondoafi), witnessed by the village head, local village head/sub-district head, then the disputing parties are brought together by bringing written evidence of a customary land release letter which is proof of ownership of the customary land. Meanwhile, the obstacles faced in the process of resolving customary land disputes related to the release of overlapping customary land can be seen from two factors, namely internal factors and external factors, where the internal factor is because the disputing parties want to win on their own, each insists on defending their property, and the external factor is the interference of external parties which worsens the problems that occur on both sides.

Journal of Progressive Law and Legal StudiesVol. 3(01)
Cenderawasih University (ID)
Openalex Percentile: Top 4%
Legal Studies and Policies
15.98
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