Involvement of Customary Institutions in Land Dispute Resolution by Land Offices in Aceh

Abstract

Frequent land disputes need to be resolved with comprehensive policies including comprehensive or integral solutions. There are several regulations for resolving land disputes which in the regulations also allow for formal settlement or formal channels and mediation which in this context prioritizes local wisdom. One of the national technical regulations is Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 21 of 2020 concerning Handling and Settlement of Land Cases (Permen ATR/Head of BPN No. 21 of 2020), which gives authority to the Land Agency or Land Office to resolve land disputes. On the other hand, Aceh Province based on Law no. 11 of 2006 concerning Aceh Government provides an opportunity to resolve this through customary law and as a derivative of it, Aceh Qanun No. 9 of 2008 concerning the Development of Traditional Life and Customs and Aceh Qanun No. 10 of 2008 concerning Traditional Institutions. In national regulations and local regulations in Aceh there are separate mechanisms for resolving disputes that occur. Therefore, it is necessary to conduct a study of the involvement of traditional institutions such as the Aceh Traditional Council (MAA) in resolving land disputes by the Land Office. The main data in this research is primary data (field data), which was obtained through field research by conducting in-depth interviews with related parties who were used as respondents and informants, namely the Land Office in Aceh and Traditional Institutions such as MAA, as well as community leaders and academics. . Meanwhile, secondary data was carried out by reviewing literature in the form of books and journals that describe previous research. The data collected, both in the form of library data and field data, was analyzed using a qualitative approach and then presented descriptively analytically. The mechanism for resolving land disputes by the Land Office is carried out through several stages, namely: Case Study, Initial Degree, Research, Exposure of Research Results, Coordination Meeting, Final Degree and Case Settlement. To date, the Land Office in resolving land disputes that have occurred in its area has never involved traditional institutions such as the Aceh Traditional Council (MAA) as one of the Traditional Institutions in Aceh which functions as a vehicle for community participation in governance, development, community development, and resolving problems. social problems. The Land Office and Traditional Institutions in Aceh each go their own way in resolving land cases or disputes using their own mechanisms. In fact, if it is carried out in an integrated manner between the Land Office and Traditional Institutions, the resolution of land disputes will be more optimal in handling or resolving them. So that these two institutions increasingly exist and gain the trust of the people in resolving land disputes, where national laws can be implemented well and traditional institutions as a form of local wisdom are increasingly strengthened.