TRANSFORMASI PENGUASAAN TANAH ADAT DI GORONTALO PRA-UU NO. 5/1960

Abstract

This study aims to analyze disputes over customary land tenure before the enactment of the Basic Agrarian Law No. 5 of 1960. The study focuses on land disputes in Lopo Village, Batudaa Pantai District, Gorontalo Regency. The objective of the research is to understand the applicable legal provisions regarding customary land and the dispute resolution process in the village. This study adopts a socio-legal approach and qualitative methods. Socio-legal research, also known as sociological legal research or field research, examines both the prevailing legal provisions and the actual conditions in society. The study utilizes two types of data: primary and secondary data. The findings reveal that, from a legal perspective, the customary land in Lopo Village, Batudaa Pantai District, Gorontalo Regency, which serves as the research object, does not have a legitimate owner based on ownership evidence. Moreover, the land no longer meets the criteria for customary land, as the people of Lopo Village are no longer classified as an indigenous community. It is confirmed that the customary land in Lopo Village, Batudaa Pantai District, Gorontalo Regency, is no longer categorized as customary land. From the perspective of customary law, the land is no longer considered part of customary land territory because the social structure in Lopo Village no longer follows the traditional indigenous community system. Therefore, a deeper understanding of customary land tenure in Gorontalo Regency, particularly in Lopo Village, Batudaa Pantai District, is necessary to prevent land tenure without valid ownership documentation.