Legal Protection Of Customary Land (Golat) Of The Batak Indigenous Community Against Monument Construction Based On The Customary Law System In Indonesia Study Of Supreme Court Decision Number 529 Pk/Pdt/2020

Abstract

Customary land (Golat) is communal land of the Batak Toba indigenous community that holds significant economic, social, and spiritual value for the survival of the clan. This normative juridical research analyzes the position of village heads, the patrilineal inheritance system, and judicial considerations in Supreme Court Decision Number 529 PK/Pdt/2020. The research findings indicate that village heads serve as intermediaries between customary law and state law systems without ownership rights. The Supreme Court decision contains weaknesses due to misinterpreting customary land as exclusive property, disregarding clan agreements, and qualifying monument construction as unlawful acts, thus failing to provide substantive justice.