ANALISIS YURIDIS PENGUASAAN TANAH OLEH MASYARAKAT DI ATAS TANAH PEKARANGAN DESA ADAT BAHA ( STUDI KASUS PUTUSAN 1063/PDT.G/2019/PN.DPS)

In Court Decision Number. 1063/Pdt.G/2019/PN.Dps. The aim of the Plaintiff's lawsuit is regarding the handover of the disputed land which according to the Plaintiff is a legacy which the Plaintiff has the right to inherit as an heir, but which is controlled without legal rights by the Defendant based on letters issued by the Co-Defendant, namely carrying out the process of changing proof of ownership to Baha Traditional Village PKD land without ever involving the Plaintiff. In preparing this thesis, the author will use a normative juridical type of research, which in its study refers to legal norms and rules in the form of applicable laws and regulations, legal theories and doctrine, jurisprudence and other library materials related to the research topic. In his consideration the Judge returned the disputed land to the ownership of the Baha traditional village, because the plaintiff did not have sufficient strong evidence of ownership of the land itself, based on the awig-awig of the Baha traditional village. Customary law is a customary law, meaning that the law contains rules that are made based on the behavior of the developing community so that it becomes a law that is obeyed by the local community. in determining ownership of village yard land, namely the Plaintiff as the party applying for land ownership does not have strong evidence regarding the Certificate of Ownership of Land Rights so that it cannot strengthen its position as a Legal Subject who can receive land rights. Baha'i traditional village yard land seen from the perspective of National Agrarian Law is recognized exclusively in UUPA Article 3, Article 5.