PENYELESAIAN SENGKETA TANAH ADAT MARGA SAWAT SEMANAS DENGAN PEMERINTAH KABUPATEN SORONG PAPUA BARAT (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 2142 K/PDT/2024)

Abstract

Customary Law is defined as a law that grows and develops within the customary law community of a particular region, and an aspect of customary law is that of Customary Land. In transferring Customary Land, it is necessary to provide compensation to the landowner.In this thesis, there are several problem formulations that will be discussed, illustrating the relevance of issues related to the settlement of customary land disputes, including: 1) The settlement process of customary land disputes between the Sawat Semanas Clan Customary Law Community and the Government of Sorong Regency, West Papua, will be examined.2) The legal consideration of compensation for customary land of the Sawat Semanas Clan in Sorong Regency, as outlined in Supreme Court Decision Number 2142 K/Pdt/2024, will be analysed. The objective is to ascertain the efforts to resolve customary land disputes in accordance with Law Number 5 of 1960 and the suitability of the Supreme Court Decision Number 2142 K/Pdt/2024.The research method employed in this thesis is normative juridical. The results of the study indicate that the resolution of the customary land dispute between the Sawat Semanas clan did not adhere to the principles of justice and legal protection for customary law communities. This is evidenced by the failure of the community to receive compensation for the contested land. Furthermore, Supreme Court Decision Number 2142 K/Pdt/2024 does not align with the legal certainty stipulated in the Basic Agrarian Law, which governs the compensation for customary land.