Model For Settling Ulayat Rights Conflicts Based On Traditional Law In Hitulama State Leihitu District Central Maluku Region

Abstract

There are still various institutions outside the court in addressing Ulayat land issues in Hitulama state, Leihitu district, Central Maluku area. There are many customary lands in this area that belong to customary law communities, which frequently leads to interest conflicts. Indigenous peoples set the King as the head of the customary alliance, symbol, as well as the system and model of customary law itself in resolving disputes over customary rights of indigenous peoples. The aim of this study is to define the model for settling customary rights disputes based on customary law and to see if the model used in Hitulama state, Leihitu district, Central Maluku region meets the principles of justice. The methodology employed is an empirically grounded, legally descriptive analytic approach. Study participants include local officials, elders, and members of the community who have been involved in land conflicts. This study's sample, selected using a non-random method, consists of natives living in Hitulama. Primary data were collected through in-person interviews. The basic legal materials are the laws and regulations directly pertaining to the issue of study; the secondary legal materials are books and scholarly articles; and the tertiary legal materials are dictionaries in Indonesian and English. Afterward, a qualitative analysis was performed on the collected data.