Diandri, Raihan (2026) Penyelesaian Sengketa Hak Atas Tanah Ulayat Masyarakat Adat Kampa Dengan PT. Tasmapuja Di Kecamatan Kampa Kabupaten Kampar. Other thesis, Universitas Islam Riau.

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Abstract

he customary land rights dispute is an agrarian conflict involving the Kampa Indigenous Community and PT Tasmapuja in Kampa District, Kampar Regency. The problem arises from differing views regarding the status, control, and use of land that is traditionally recognized as communal land rights, but administratively, PT Tasmapuja has been granted a Land Use Permit (HGU). For indigenous communities, customary land not only has economic value but also holds religious, historical, social, and cultural significance related to the lives of the Kampa Indigenous Community. Therefore, resolving customary land rights disputes cannot be separated from the aspects of positive law and customary law. The main problem of this research is the resolution of the customary land rights dispute between the Kampa Indigenous Community and PT Tasmapuja in Kampa District, Kampar Regency and the obstacles in resolving the customary land rights dispute between the Kampa Indigenous Community and PT Tasmapuja in Kampa District, Kampar Regency. The research method used is empirical legal research with a sociological approach. Data was obtained through interviews with the Kampa indigenous community, PT Tasmapuja, and Kampa District government officials, and supported by a literature review of relevant laws and regulations and legal literature. The results of the study indicate that customary land rights disputes are resolved through non-litigation mechanisms, such as mediation, facilitated by the district government. Mediation was chosen to avoid conflict and maintain harmonious social relations within the community. However, this resolution has not provided permanent legal certainty. The main obstacles encountered include the lack of formal legal evidence for customary land, the weak bargaining position of indigenous communities, differing views on agrarian law provisions, and the normative recognition of customary land rights in legislation. However, in practice, legal protection for customary land rights remains suboptimal. Therefore, strengthening administrative recognition of customary land and integrating customary law with national law is necessary to achieve fair and sustainable dispute resolution.

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