Name of Student :
Number of Student :
Class : A
BISMILLAHIRRAHMANIRRAHIIM
Instructions:
Read the questions carefully and thoroughly, then answer the questions in accordance with the command as stated in each questions!
Explain the binding factors for the formation of the Adat Law Community (Indigenous People) and the elements forming the Adat Law Community! (Score 20)
Explain whether the Muara Sakal indigenous community led by Batin (HM Yunus) as in this case fulfills the criteria as a Adat Law Community? (Score 15)
Explain whether in this case there is a structural/vertical conflict? Explain what is meant by a structural/vertical conflict, who are the parties to the conflict and what is being disputed?
(Score 20)
Explain what is meant by ulayat rights in Adat Law Community? What does the object include? And who has the right to use it? (Score 15)
Give an explanation of the differences in the status of adat forests before and after the Constitutional Court Decision No. 35/2012 and the Constitutional Court Decision No. 56/2015?
(Score 15)
Give an explanation and example of what is meant by the “hak wenang beli” and “hak keuntungan jabatan” in the adat land law! (Score 15)
Attention: WORKED IN THE FOLLOWING SHEET !!!
Answers:
1. Genealogical factors, namely legal communities whose members feel bound because they come from the same ancestor, territorial legal communities, namely legal
communities formed because their members feel born and live together in the same place, and the third type is a combination of genealogical factors. and territorial so that
the legal community is formed because its members feel bound to each other from these two factors
2. Yes, it fulfill the criteria as a Customary Law Community because it owns customary land and is entitled to the customary land
3. I don't think it's a vertical conflict because tribal people and factories have a cooperative relationship, not like employees and bosses, so the conflict is a horizontal conflict
which means having the same position. Vertical conflict is a form of conflict that occurs between two kinds of groups where there is a difference in status. This most often
occurs between workers and employers, such as when workers want a salary increase, but the company holds back the salary increase. Customary land that the Company
4. Ulayat rights are the authority which according to customary law belongs to the customary law community over a certain area which is the living environment of its citizens
to take advantage of natural resources, including land within the area, for their survival and livelihood, arising from external and intrinsic relationships. hereditary and
uninterrupted between the customary law community and the territory concerned.
5.
6. Hak wenang beli (naastingsrecht), is a preemptive right to buy a plot of land; means having the right to take precedence over others, which results in the exclusion of third
parties in the purchase of the land. Those who have the right to purchase land consist of: relatives of the party who will sell the land; neighboring land, members of the legal alliance
concerned. The family has the right to purchase the first, this is intended so that the land in question is still owned by the family itself. While the neighboring land bordering has the right
to purchase the second, it is intended so that the land is not neglected. Then the members of the legal partnership have the third purchasing authority, meaning that the land does not fall
to non-members of the partnership. If the three holders of the right to purchase are not willing to buy the land, then the land owner must cancel the sale of the land. He had to replace
another land to be sold. This is related to the nature of the relationship between the land and the owner of the religious-magical rights. Hak keuntungan jabatan is the right of the officials
of the legal alliance to the land given by the legal alliance while carrying out their duties in order to fulfill their livelihood.