Dalihan Natolu as a Bridge in Resolving Customary Land Disputes

Oct 13, 2025 by thesweetdesigns.com 132 views

The Role of Dalihan Natolu in Settlement of Ulayat Land Disputes for the Procurement of Public Interests in Humbang Hasundutan Regency

Introduction

Dalihan Natolu, the social structure that has been the foundation of the life of the Batak community, has a crucial role in resolving customary land disputes. Especially in Humbang Hasundutan Regency, Dalihan Natolu became a bridge in the resolution of conflicts that had been going on since 1996 for the public interest. This study examines how Dalihan Natolu played a role in resolving customary land disputes, especially in the context of land acquisition for the public interest. The study uses a normative juridical method with a descriptive approach, analyzing legal provisions related to customary disputes and land acquisition for the public interest in Humbang Hasundutan Regency. Data is collected through literature and field research.

Dalihan Natolu as a Bridge in Resolving Customary Land Disputes

Dalihan Natolu, a social structure that has been the foundation of the life of the Batak community, has a crucial role in resolving customary land disputes. The results showed that Dalihan Natolu played an important role in resolving customary land disputes for the public interest. In Baringin Village, Parlilitan District, Humbang Hasundutan Regency, for example, Dalihan Natolu became the main driver in resolving a long-standing customary land conflict. The use of Dalihan Natolu in resolving the customary land dispute offers a number of advantages, including local-based solutions, a family approach, justice and transparency, and sustainability.

Fair and Sustainable Dispute Settlement System

Dalihan Natolu applied a dispute resolution system with a family approach, prioritizing consensus and mutual benefit. This approach aims to achieve a fair agreement for all parties, including the indigenous peoples of the customary land owner. The system ensures that the dispute resolution process is carried out fairly and transparently, so that all parties feel valued. This approach is in line with the principles of customary law, which emphasizes the importance of consensus and mutual benefit in resolving disputes.

Fair Compensation for Indigenous Peoples

In the case of land acquisition in the public interest, Dalihan Natolu played a role in determining the amount of compensation given by the government to indigenous peoples. Dalihan Natolu gave direction and input to the landowner to understand and know about the use of land and compensation to be received. This approach ensures that indigenous peoples receive fair compensation for their land, which is in line with the principles of customary law.

Advantages and Benefits of Dalihan Natolu

The use of Dalihan Natolu in resolving the customary land dispute offers a number of advantages, including:

Local-based Solutions: This system accommodates the values and local wisdom of the Batak community, so that it is more easily accepted and applied.
*Family Approach: Dalihan Natolu emphasizes family relations, so that conflicts can be resolved peacefully and harmoniously.
Justice and Transparency: This system ensures that the dispute resolution process is carried out fairly and transparently, so that all parties feel valued.
Sustainability: Dalihan Natolu encourages harmonious relations between the government and indigenous peoples, thus supporting the sustainability of land use for the public interest.

Conclusion

Dalihan Natolu proved effective in resolving customary land disputes in Humbang Hasundutan Regency. This system is a model of conflict resolution that is fair, sustainable, and appreciates local wisdom. The success of Dalihan Natolu in bridging the interests of indigenous peoples and public interests is an inspiration for other regions in Indonesia in finding solutions to just and sustainable land conflicts.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should recognize and respect the role of Dalihan Natolu in resolving customary land disputes.
The government should provide support and resources to Dalihan Natolu to enable it to continue its work in resolving customary land disputes.
The government should develop policies and laws that recognize and respect the rights of indigenous peoples to their land and resources.
The government should establish a mechanism for fair and transparent compensation for indigenous peoples in the case of land acquisition for the public interest.

Limitations of the Study

This study has several limitations, including:

The study was conducted in a specific region, Humbang Hasundutan Regency, and may not be generalizable to other regions.
The study relied on secondary data and may not have captured the full complexity of the issues involved.
The study did not examine the role of other institutions and actors in resolving customary land disputes.

Future Research Directions

Future research should aim to:

Examine the role of Dalihan Natolu in resolving customary land disputes in other regions of Indonesia.
Investigate the impact of Dalihan Natolu on the livelihoods and well-being of indigenous peoples.
Develop a more comprehensive understanding of the institutions and actors involved in resolving customary land disputes.
Examine the effectiveness of policies and laws in recognizing and respecting the rights of indigenous peoples to their land and resources.
Frequently Asked Questions (FAQs) about Dalihan Natolu and Customary Land Disputes

Q: What is Dalihan Natolu?

A: Dalihan Natolu is a social structure that has been the foundation of the life of the Batak community in Indonesia. It is a system of customary law that emphasizes the importance of consensus and mutual benefit in resolving disputes.

Q: What is the role of Dalihan Natolu in resolving customary land disputes?

A: Dalihan Natolu plays a crucial role in resolving customary land disputes by providing a framework for fair and sustainable dispute resolution. It emphasizes the importance of consensus and mutual benefit, and ensures that all parties feel valued and respected.

Q: How does Dalihan Natolu resolve customary land disputes?

A: Dalihan Natolu resolves customary land disputes through a family approach, prioritizing consensus and mutual benefit. This approach aims to achieve a fair agreement for all parties, including the indigenous peoples of the customary land owner.

Q: What are the advantages of using Dalihan Natolu in resolving customary land disputes?

A: The use of Dalihan Natolu in resolving customary land disputes offers several advantages, including:

Local-based Solutions: This system accommodates the values and local wisdom of the Batak community, so that it is more easily accepted and applied.
*Family Approach: Dalihan Natolu emphasizes family relations, so that conflicts can be resolved peacefully and harmoniously.
Justice and Transparency: This system ensures that the dispute resolution process is carried out fairly and transparently, so that all parties feel valued.
Sustainability: Dalihan Natolu encourages harmonious relations between the government and indigenous peoples, thus supporting the sustainability of land use for the public interest.

Q: How does Dalihan Natolu ensure fair compensation for indigenous peoples?

A: Dalihan Natolu gives direction and input to the landowner to understand and know about the use of land and compensation to be received. This approach ensures that indigenous peoples receive fair compensation for their land, which is in line with the principles of customary law.

Q: What are the limitations of Dalihan Natolu in resolving customary land disputes?

A: While Dalihan Natolu has been effective in resolving customary land disputes, it has several limitations, including:

Limited scope: Dalihan Natolu is a local-based system that may not be applicable to other regions or communities.
Dependence on community: Dalihan Natolu relies on the participation and cooperation of the community, which may not always be available.
Limited resources: Dalihan Natolu may not have access to the resources and support needed to resolve complex disputes.

Q: What are the recommendations for the government and other stakeholders?

A: Based on the findings of this study, the following recommendations are made:

Recognize and respect the role of Dalihan Natolu: The government should recognize and respect the role of Dalihan Natolu in resolving customary land disputes.
Provide support and resources: The government should provide support and resources to Dalihan Natolu to enable it to continue its work in resolving customary land disputes.
Develop policies and laws: The government should develop policies and laws that recognize and respect the rights of indigenous peoples to their land and resources.
Establish a mechanism for fair and transparent compensation: The government should establish a mechanism for fair and transparent compensation for indigenous peoples in the case of land acquisition for the public interest.

Q: What are the future research directions?

A: Future research should aim to:

Examine the role of Dalihan Natolu in other regions: Examine the role of Dalihan Natolu in resolving customary land disputes in other regions of Indonesia.
Investigate the impact of Dalihan Natolu: Investigate the impact of Dalihan Natolu on the livelihoods and well-being of indigenous peoples.
Develop a more comprehensive understanding: Develop a more comprehensive understanding of the institutions and actors involved in resolving customary land disputes.
Examine the effectiveness of policies and laws: Examine the effectiveness of policies and laws in recognizing and respecting the rights of indigenous peoples to their land and resources.