Dynamics of Ownership Rights of Land Indigenous/Marga in the Community Batak Toba

Abstract

The aim of this study was to determine the dynamics of land ownership of indigenous/ clans in Batak Toba indigenous community. The approach taken in this study is the observation method, which make the observation of the behavior patterns of village communities Sibisa to regain land rights clan/borrowed customary used by the District Forestry Office Tobasa. This method is used to record the behavior of the law in reality. The values in the patrilineal system of customary law derived from the legal materials in the form of primary legal materials, secondary, and tertiary legal materials.

The results showed that the control of indigenous land rights/marga has experienced a shift can be seen in the attitude of the District Forestry Office Tobasa are only willing to give back the land to the of village communities Sibisa not to the descendants of the clan who handed over the land clan. Changes in the structure of the District Forestry Office Tobasa who do not understand the origin of the land that once mastered and inconsistency of laws against the recognition of the existence of indigenous values leads to changes in the mindset of the customary land tenure/ clan.