Conflict on Utilization of Communicational Land between Traditional Legal Communities (Tlc) and Pt. Nusantara V Plantation in Kampar District

Abstract

Customary land, which is within the scope of a TLC, basically has communal rights to be utilized by a TLC, known as customary rights. The use of customary land for plantation business must have a written recommendation in the event of transfer or release of customary rights to third parties. In this study, it was obtained that the settlement of customary land use disputes with companies is linked to legal certainty in order to realize the welfare of TLC in Kampar Regency, which is carried out in a non-litigation manner by conducting deliberation with TLC represented to Niniok Mamak or Pucuok Adat before investment by outside parties or companies, because in the lives of the indigenous people of Kampar Regency that every problem that occurs must be resolved by deliberation. Conflicts can also be resolved with the help of third parties as mediators, and conflict resolution is also made at the discretion of the Government. Meanwhile, mediators consisting of regional governments, Kampar Customary Institutions (KCI), agrarian/land experts, and non-governmental organizations (NGOs), called triple rope or tigo furnaces, are rare. KCI must be given more authority in deciding customary land issues in Kampar Regency because it is considered to know clearly about the problems that occur. To minimize this kind of dispute, KCI can be involved as a mediator who will not harm one of the parties to the dispute in the use of customary land.