Land Ownership Rights According to Indigenous Peoples in Kwadeware Village, Waibu District Jayapura Regency

Abstract

The ownership rights of indigenous peoples' land in Kwadeware village are very important where the land has been used for generations to meet their needs and survive from day to day and from time to time, therefore this research aims to determine the land tenure rights of indigenous peoples in the village. Kwadeware, Waibu District, Jayapura Regency and know how to resolve customary land disputes in customary law communities in Kwadeware Village, Waibu District, Jayapura Regency. The research method used is normative and empirical, namely an approach that refers to laws, literature, written regulations or other secondary legal materials and considers their application through field research. The results of this study indicate that there are customary land ownership rights in Kwadeware Village, Waibu District, Jayapura Regency with a system of joint ownership and management of one or more clans, the ownership rights to the land here are transferred to a person or family who permanently owns the land and uses it for gardening and building houses, which are passed on to the next generation . Whereas in the Customary Law Community in Kwadeware village, Waibu District, Jayapura Regency, where land tenure disputes were resolved through deliberations conducted by traditional leaders or traditional leaders with witnesses from village/kelurahan leaders and the local community. This consideration was chosen because it is in accordance with the character and way of life of the indigenous people of Kampung Kwadeware which is family in nature compared to dispute resolution by legal institutions which tends to be contested and prioritizes profit and loss and ignores the social elements of society.