Legal Analysis of the Recognition of Proof of Customary Land Ownership (Study of Decision Number 39/Pdt.G/2023/PN Mrk)

Abstract

This study aims to determine the legal considerations of judges in deciding cases of customary land ownership based on Decision Number 39/Pdt.G/2023/PN Mrk, as well as to determine the mechanisms used in proving cases of disputes over customary land rights between Indigenous Peoples and the Merauke Regency Government. The method used is normative legal research that refers to legal norms contained in legislation. The approach used is a case approach. The data collection method used is a literature study method. The Court's decision in the case in question shows that the legal approach applied reflects the principles of justice, prudence, and inclusiveness in the judicial process. The Panel of Judges upheld the principle of audi et alteram partem by providing balanced evidence for the parties and critically assessing formal exceptions such as legal capacity, clarity of the subject matter of the dispute, and the completeness of the defendant. The evidence was not only based on formal legality but also took into account evidence representing customary control and the historical social reality of the customary law community. The absence of interested parties in the lawsuit was the main reason why the lawsuit was declared formally flawed and unacceptable, considering the importance of the involvement of all parties in maintaining legal integrity. This decision is an important reflection on the need to protect the rights of the need to protect the rights of the community.