Penyelesaian Tindak Pidana Penyerobotan Tanah Melalui Lembaga Adat Dayak Benuaq

Abstract

Settlement of Criminal Acts of Land Grabbing Through Customary Law in the Dayak Benuaq Indigenous Community The research approach used by the author in this study is the social legal approach. In this case, the main points of discussion can be identified: first, the author will describe the process of resolving criminal acts of land grabbing through the Dayak Benuaq customary institution. Second, the author identifies and analyzes the inhibiting factors in resolving criminal acts of land grabbing through the Dayak Benuaq customary institution. Based on the research results obtained that the process of resolving criminal acts of land grabbing through the Dayak Benuaq customary institution. Settlement through customary institutions has a process starting from reporting, internal deliberation of customary institutions, summoning of the reporting parties-respondents-witnesses, then the process is carried out with mediation carried out by customary institutions, then the decision is made by customary institutions, after the decision there are possibilities that occur including an oath according to the Dayak Benuaq customary institution or the transfer of the case to the sub-district customary institution. In the settlement process there are also obstacles experienced by customary institutions including: lack of documents or evidence, based on witness statements, boundaries and analysis of case resolution through the Dayak Benuaq customary institution