SISTEM TENURIAL DAN PRAKTIK PENGELOLAAN ATAS TANAH MASYARAKAT HUKUM ADAT BOTI

SOINBALA, MAYA RAHELLIA (2023) SISTEM TENURIAL DAN PRAKTIK PENGELOLAAN ATAS TANAH MASYARAKAT HUKUM ADAT BOTI. Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

Customary Law Communities (MHA) are very dependent on land, because the existence of MHA can be seen from the existence of their ulayat land, though in many areas, the ulayat rights of MHA are vulnerable to become objects of conflict because the system and pattern of control are not sterile from the intervention of other parties. The wave of prosecutions and acknowledgments of MHA and their ulayat land is currently the main discourse on the issue of MHA and ulayat land in Indonesia. On the other hand, government support in this effort is seen as an appreciation and appreciation for the existence of MHA and their ulayat land. However, in reality, the existence of MHA is not only influenced by the ulayat land factor alone but also cannot be separated from the role of the adat elite itself. Throughout the province of East Nusa Tenggara, MHA has experienced the destruction of its substance, customary structure, and customary land due to regulations (Perda), and only a few remain. Of these, in Boti Village, Kie District, South Central Timor Regency, MHA is still intact. Because MHA Boti is still intact, it is necessary to study the tenure of MHA Boti, its dynamics, and the role of indigenous elites in managing and distributing land. In this context, the purpose of this research is to see how the pattern of control and ownership of customary land of MHA Boti in the framework of supporting the community's economy, the role of customary structures in land management, and efforts to recognize customary villages and their MHA formally. This research was conducted using qualitative methods with descriptive analysis. This method examines the tenure system of MHA Boti and its dynamics, as well as the role of the traditional institutions of MHA Boti. The research is focused on Boti Village, without distinguishing between Boti Dalam and Boti Luar. The mention of Boti Dalam and Boti Luar that has emerged so far is only a categorization based on the teachings adopted by the community, not in an administrative sense or regional boundaries. The results showed that the pattern of life was quite diverse, while land tenure and ownership still existed in the communal system and centered on one character, namely usif (king). This system is still being implemented, and the existence of MHA and its institutions can still maintain the relationship between nature and its people. The entire village of Boti is still customary land. People who control the land are only allowed to take the results of the land without ownership rights. Land ownership in Boti Village can be categorized into 2, namely land owned by MHA Boti and land owned by the state. Land tenure by MHA Boti is based on usif and inheritance. Land use in Boti Village is grouped into residential land, agricultural land, roads and open land. x Land use in Boti Village is categorized for economic activities, social activities, agricultural production, and housing. Although there has been no shift in tenure until this present time, there has been no regulation at the level of a regional regulation regarding MHA Boti. This has obstructed the determination of Boti as a Traditional Village. On the one hand, it is still possible to find a strong role of traditional institutions in land management, which can be seen through the distribution of land for new families and communal land (len lis) to build food needs together. Keywords: Boti customary law community, Boti tenure, communal land

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