Legal Protection of the Pebatinan Air Suluh di Laut Indigenous Community Against Land Issues with PT. Gandaerah Hendana in Kerumutan District

Abstract

The presence of indigenous communities has long been a social reality. Its existence has been
around for hundreds of years, characterized by various human groups with living
arrangements in a certain territory. Recognition and protection of indigenous peoples, until
now there has been a long debate regarding the pattern of recognition and protection. Legal
protection is a development of the concept of recognition and protection of Human Rights
(HAM). Meanwhile, the direction of the concept of recognition and protection of human
rights is the existence of restrictions and placing obligations on society and the government.
The main problem in this research is, how is the legal protection of the Pebatinan Air Suluh di
laut Indigenous Community against land problems with PT. Gandaerah Hendana in
Kerumutan sub-district and what are the factors causing the land problems of the Pebatinan
Air Suluh di laut indigenous community with PT. Gandaerah Hendana. The research method
used is sociological juridical with direct primary data collection in the field. The method used
is a descriptive research method carried out by interviewing predetermined respondents. From
the research results, it can be concluded: that recognition and protection of legal communities
is carried out through three stages, the first is identification of customary legal communities,
verification and validation of traditional legal communities, but it is necessary to know that
the position of traditional institutions in Pelalawan Regency, especially customary law
communities in Kerumutan District, has not been strengthened. with Regional Regulations
so that it is necessary to form Regional Regulations which regulate specifically the legal
recognition and protection of customary law communities on ulayat land. What causes the land problems of the Pebatinan Air Suluh di laut customary law community, is the
disorganized administration in the past, unclear control and ownership, claims/indications
that the rights of one of the parties are not fulfilled. Therefore, it is necessary to handle and
resolve conflicts which aim to provide legal certainty regarding control, ownership, use and
utilization of the Pebatinan Air Suluh dilaut customary land.