PERAN LEMBAGA HUKUM ADAT PADA PELAKSANAAN PENDAFTARAN TANAH DI KABUPATEN KULON PROGO

• Main Authors: , WAHYUDI IRMAWAN, , Ir. Djurdjani, M.SP., M.Eng., Ph.D.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2011
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/89429/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51683
• Institution: Universitas Gadjah Mada

Customary law is the main source in establishing the National Land Law. Conception and norms within institutions of customary law on land is very diverse and unique, yet always present and obeyed by the public. If it is still relevant then the agency should be given a place to play in modern land registration system. But it does not mean these conditions free from problems in its application. On the one hand people are seeing the importance of legal protection and certainty of land rights, on the other hand local and informal nature of traditional institutions should be tailored to meet the rules of formal juridical aspects of land registration in the national level. This study aims to identify the presence of indigenous institutions, roles, efforts and constraints for land registration and to obtain the value of the level of community satisfaction on the implementation of land registration in the Kulon Progo district. This research was conducted using two methods: qualitative methods are combined with quantitative method. Selection of sample villages, respondents and informants were conducted in non-random (purposive sampling). The interview to 16 (sixteen) informants were selected from residents, village officer, BPN officer and experts held land and then transcribed and crosschecked with normative references to describe qualitatively the existence of roles, constraints and the empowerment of traditional institutions on the land registration process. Questionnaires were distributed to 50 (fifty) respondents in 5 (five) location of the sample villages namely Bojong, Karangwuni, Triharjo, Donomulyo, and Banjaroyo. Data are tabulated and processed quantitatively using statistical tools to measure the level of community satisfaction on the implementation of land registration. The existing customary law institution recognized in this research area are the Indung Gandok, Lintiran, Liyeran, Pacungan, Klangsiran, Dhengkulan, Dol tahunan, Susukan, Wedi Kengser, Ngende, Pangarem-arem and Pasrahan. The most dominant institutions are the Indung Gandok and Lintiran. The role of traditional institutions is considered to be very positive and supportive for the acceleration of land registration as along as it is adhered by the parties involved. The constraint in this society encountered haven�t yet uniform understanding of the meaning and the history of traditional institutions themselves either from their fellow citizens or officers of land registration services, lack of written evidence regarding the rights, poor administrative records of the land in the village, as well as customary institutions disobedience of some parties on the substance of customary institutions themselves. Various efforts should be taken to reduce the constraint such as to socialize about the customary institutions to residents, village officer and BPN officer, to simplify or to relax the procedure in the land application as well as to recognize the occupied rights. The average satisfaction score was 74.16 percent which is indicated that the community is satisfied with the quality of the land registration services in Kulon Progo district.