The Dalihan na tolu Customs and Its Implementation in the

Management of Community Farming Land in North Sumatra

Mhd. Asaad

and Tri Martial

Department of Agribusiness, Agriculture Faculty, Islamic University of North Sumatra, Medan, Indonesia, Email:

trimartial@uisu.ac.id

Keywords: Land tenure, Dalihan Na Tolu, indigenous community.

Abstract: This research aims at developing a model of land tenure based on Dalihan na tolu custom on Bataknesse

community in North Sumatra. The methods used in this research are based on a variety of tenure variables,

such as 1) ownership of land, 2) utilization of land, 3) control of land, and 4) security of land tenure. The

exploratory research method is conducted in six (6) districts/cities in North Sumatra purposively selected to

represent the purposes of research. The result indicates the presence of land tenure model based on Dalihan

na tolu custom in North Sumatra. It also shows that the elements of Dalihan na tolu custom play important

roles in the activities of land management, utilization, control and land transfer

1 INTRODUCTION

Conflict

of agricultural land becomes a crucial issue

in agricultural development in Indonesia. The case of

seizure of land between tenant farmers and plantation

companies including the government becomes

unresolved issues until today. This has an impact on

the activities of inefficient farming. Cifor (2003)

notes that there are 153 cases in the year of 2000.

The

conflict between local communities and

plantation companies is often caused by the growth of

companies having the right of land tenure, and taking

over forest lands of the indigenous community in the

long run as indigenous forests themselves are

categorized as state forests, where the government

has the right to determine the status of the forest

management. This conflict affects people's reluctance

to protect and preserve the forest that it will have a

negative impact on the quality of the environment and

land in the long term.

The

source of conflict in forest management takes

place especially from the perception that people think

about the unfairness to access the utilization of forest

resources. This conflict often forms the boundary

dispute, the compensation system which is often not

clear in land and forest management or other forms in

connection with the violation of the rights of local

communities. The above conflicts are generally those

of interest between local communities and

government (Cifor, 2003).

Land

utilization conflicts have often been based

on the uncertainty of community rights in land

utilization. The vagueness of the rights is associated

with the land tenure system and vegetation on it.

According to Fao (2002), the rights of land tenure are

dealing with the one who can utilize what kinds of the

resources, how long, and under what conditions.

Without clarity of tenure rights on resources will

trigger management of resources that are not

sustainable.

According

to Grigsby (2002), the land tenure is

specific, where the patterns are determined by the

rules of the local traditions that may be rights owned

specifically by individuals, households, groups of

descendants, or entire communities or called as

customary tenure. The land tenure conflicts can be

solved by putting the rights of local society in the land

tenure system that emphasizes on the claim of their

rights.

the

system of local indigenous community,

Dalihan Na Tolu is basically related to the

relationship of the three elements of kinship, namely:

Mora, Kahanggi, and Anak Boru. Mora is all family

members from the parents in law. Kahanggi is all

family members or descendants having paternal

incest, and do not include the family relationship of

Asaad, M. and Martial, T.

The Dalihan na tolu Customs and Its Implementation in the Management of Community Farming Land in North Sumatra.

DOI: 10.5220/0010039201130121

In Proceedings of the 3rd International Conference of Computer, Environment, Agriculture, Social Science, Health Science, Engineering and Technology (ICEST 2018), pages 113-121

ISBN: 978-989-758-496-1

113

the mother. Anak boru is all families of the sons and

daughters in law.

The three elements of the indigenous community

Dalihan na tolu constitute a specific pattern in the

land tenure system in North Sumatra. Therefore, to

create land tenure model based on Dalihan na tolu in

Bataknesse society can be the basis for solving land

tenure conflict of agricultural land particularly in

North Sumatra through the formulation of the rights

of both individual and communal lands.

The conflicts of

agricultural

land tenure should be

resolved; otherwise, they will adversely affect

agricultural development in Indonesia. Farmers,

businessmen, and governments are those who always

get involved in the conflicts. However, the farmers

become the party which is always harmed in the

conflict. Conflict triggered by the land requirement

for individual farmers will continue to rise due to

population growth from year to year, while the rights

to the land are not precisely clear.

Land tenure

covering

ownership, utilization, and

control of the land is more than just ownership.

Therefore, regarding who owns the land, exploited by

whom and for what, how to control the status of the

land is the thing that can be arranged in the overall

system of land tenure.

This study tried to put the society as a subject in

land tenure model that forms the basis of land tenure

conflict resolution itself. With the clarity of the rights

of local communities to land, the difference between

the interests of individuals or groups can be placed in

accordance with their respective rights. The basic

rights of the land tenure explain not only the problem

of ownership but also the problem of the use and

control of land.

getting

a clear model of the land tenure, the

doubt of the rights can be overcome so that conflicts

can be avoided, and aquaculture activities on land will

be secure. With customary basis, Dalihan na tolu of

Bataknesse in North Sumatra, land tenure model is

developed for the purpose and can be a reference for

similar cases in other regions, especially in Indonesia.

the

simplest form, land tenure systems

determine who exploit what resources for, how long,

and under what conditions. The system of land tenure

is important in rural development to emphasize the

use of assets that support sustainable livelihoods. In

connection with development in the rural, the base

rights should be clear, and the benefits obtained

should be too. Therefore it is important that the

institutional arrangement of the system can determine

the rights on the land, how long, for what purpose and

under what conditions (FAO, 2002).

The land

tenure

system is part of property rights

that rest on the land. As tenure rights to land, land

tenure systems, especially regarding the relationship

that is built on the basis of legal or custom between

individuals, or groups in relation to land. Tenure rules

explain how the rights of land allocated in the

community. How access is obtained as a right

utilization, control and transfer land, which is

associated with the responsibilities and restrictions

(FAO, 2002). According to Goh (1998), what is

important is the actual access by land managers who

can be controlled, either with or without ownership of

land.

According to La Croix (2002) land tenure

systems can be categorized into three dimensions, (1)

the presence or absence of formal ownership status as

property rights recognized by state law, (2) the level

of ownership by contract to use the land, and (3)

spectrum of private-property rights on communal

land. In the case of the individual, the freedom of

tenure with a clear status can be inherited

continuously, and the self-reliance of land has often

been registered by the state, accompanied by certain

obligations. On the other hand, the land is temporarily

utilized in the communal land.

The

benefits

of this research are categorized in

two ways, first in the development of science and

second in the policy. The benefit in the development

of science is to get the concept of land ownership

which is determined by the specific structure of the

natural habits of the local community; in this case, it

is based on Dalihan Na Tolu. As it is known that land

tenure systems are a distinctive outline which is

determined by the local community. This applies to

the existing pattern in the community. On the basis of

the local concept, it can be developed a strategy to

resolve the land utilization conflicts.

Studies relating to land tenure that have been

carried out by the authors are research in Bahorok,

Langkat, North Sumatra (Martial, 2010) and research

development area (Asaad, 2010; and Asaad, 2009)

with various land use patterns which become the basis

for empowering communities to reduce conflicts over

land. Besides, research in West Sumatra, known as

Tungku Tigo Sajarangan which shows the existence

of the institutional arrangements by customary tenure

and tree (Martial, 2011). Therefore, the land tenure

model in Bataknesse society needs to be developed as

the basis for resolving conflicts of interests over

public agricultural lands, particularly in North

Sumatra. It can also be the beginning for the handling

of similar cases in other areas.

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2 MATERIAL AND METHODS

The

research

method was explorative, aimed to build

land tenure model based on Dalihan na tolu customs

in North Sumatra. The model was determined from

the various variables of tenure, namely, 1) land

ownership, regarding how land is obtained, what can

be done on land with or without intervention from

other parties and how long. 2) Land use, that was

about how land use (land use). 3) Control of land, ie

how and who controls the land, exclusion, and

extraction. 4) Land tenure security, which is observed

based on an index of community rights that exist on

land, and a source of security in land tenure.

The location of the study was chosen purposively

based on the main residential area of Batak society,

and the area is the customary base of Dalihan na tolu

which is still applied in people's life. The study was

conducted in the period April 2014 to October 2015.

The preliminary survey was conducted on the

condition of the area under study in terms of

geographical conditions, natural potentials, land use

and staple crops cultivated by the community.

The

sample was determined based on the Dalihan

na tolu elements namely kahanggi, anak boru, mora,

and hatobangon. The respondents are indigenous

people Dalihan na Tolu, customs leaders, religious

figures, and government elements from related

institutions in the research area. An overview of the

study sample selection can be seen in Table 1.

Table 1.

An overview of the study sample selection.

District

Respondent Classification

Total

Government

Agencies

Dalihan na tolu

Society

Indigenous

leaders

2 South Tapanuli 5 20 5 30

orth Tapanuli 5 20 5 30

4 Tanah Karo 5 20 5 30

5 Sidikalang 5 20 5 30

6 Simalungun 5 20 5 30

Total of Respondents 30 120 30 180

The

data

in this study are as follows: 1) land

ownership, which is how land is obtained and

controlled, 2) land use, which is how land is used and

used. 3) Land control, ie how and who controls the

land, exclusion, and extraction. 4) Land tenure

security, which is observed based on an index of

community rights that exist on land, and a source of

land tenure security. 5) The types of vegetation crops

cultivated by the community. Secondary data

obtained from village institutions and related

institutions, ie the physical condition of the research

area, the demography of the region concerning the

structure of society, and the socio-economic

conditions of the community in the research area.

Methods

and data collection instruments are

observations and questionnaires were made to obtain

data in relation to the research topic. Interviews were

conducted to deepen the answers to the research

questionnaires. Study of the document is performed

as secondary data to supplement the primary data.

The

analysis was descriptive to build the

community land tenure model based on Dalihan na

tolu customs. This descriptive study is supported by

quantitative data analyzed based on the status of land

tenure assurance shown as the assurance index of

control. Analysis of land tenure patterns refers to the

theory of property rights including to access,

utilization and management/ control of the land.

3 RESULTS AND DISCUSSION

3.1 The Characteristic of Land Tenure

based on Dalihan Na Tolu

Land tenure concerns: 1) Land Ownership, that is

how the land is obtained, what can be done on land

with or without the intervention of other parties and

for how long. 2) The Land Use, which is about how

the land used. 3) Control of land, it is about how the

land is controlled and who controls the land,

exclusion, and extraction. 4) Land Tenure Security,

which is observed by the index of community rights

that exist in the fields of land, and the source of

security in land tenure. The matrix of land tenure

based on Dalihan na tolu can be described in Table 2.

The Dalihan na tolu Customs and Its Implementation in the Management of Community Farming Land in North Sumatra

115

Table 2. Matrix characteristics of land tenure in the society of Dalihan Natolu in North Sumatra

District Dimension

Ownership Use Right Control Right Transfer Right

Batak Toba  Land Owner  Mix Plantation dominated

by coffee, sugar palm, benzoin,

and pine tree

 Landowner, and

elements of Dalihan

atolu

 by land Owner, but

prohibited by elements of

alihan Na Tolu

Simalungun  Land Owner  Mix Plantation especially

coffee and other kinds of

agricultural plants

 Control is done by

the landowner, and Tolu

Sahundulan functions

more to help

mana

ement

 Seldom done and

supervised by Tolu Sahundulan,

due to land as a source of

livelihood

Karo  Land Owner Coffee & orange plantation,

and other kinds of agricultural

plants

 Land Owner Supervised by Daliken

sitelu Sitelu in order that the

ownership does not change

hands.

Angkola-

Mandailing

 Land Owner Mix Plantation rubber,

snake fruit (zalacca edulis),

cinnamon, chocolate, and betel

nut

 Land Owner, and

supervised by Dalihan

atolu

 Generally Prohibited by

Dalihan Natolu

Phakphak  Land Owner Mix plantation Dominated

by coffee, paddy, and orange

 Land Owner and

Sulang Silima

 Land Owner but hard to do

due to the interests of the

household

Issues on rights of land management are

connected with property rights. In Indonesia, the

property right is in the arrangement that often

overlaps in the formal and informal rules. Land

ownership as a form of property right is a complex

problem. Lands generally do not have the clarity of

the status, because the state, in addition, to recognize

the rights of ownership in accordance with the Law

1960, also acknowledges the existence of customary

rights (ownership through agency custom).

Tenure

is determined by the rights applicable

socially rather than legal mechanism where

legitimacy is rooted in tradition, more than legal

status. It is called customary tenure, where specific

rights can be owned by individuals, households,

descent groups, or entire communities (Grigsby,

2002). The system of land tenure is an institution

which means the rules that govern the behavior of

society.

tenure

system is actually a set of tenure in a

particular community. Therefore, the tenure system

can differ among different communities. Usually,

there is always a wide variety of forms of tenure in a

tenure system with different systems of various types

of land use or land users. This is a matter coherent or

complementary to one another. In the Bataknese

people of North Sumatra, Dalihan na tolu means

"three-legged furnace", which is used as the basis or

foundation of pot for cooking. What is meant by

Dalihan na tolu is a customary social institution

which is a unity of the whole community that has its

own custom rules to regulate various aspects of life

that can be used as a means to overcome various

conflicts of rights and obligations (Lubis, 1997).

Dalihan na tolu is the most basic of life of the

Bataknesse (Sitohang and Sibarani, 1981). In the life

of Bataknesse society, Dalihan na tolu plays not only

to harmonize the working together in a variety of

ways but also as to manage land resources.

Thus, the land tenure model based on Dalihan na

tolu custom is specifically applicable to the

Bataknesse people in North Sumatra. This concerns

the ownership, utilization, and control of land as a

system of rules and regulations. Models in addressing

land tenure conflicts are developed based on the

values of the local community in a comprehensive

manner in the three factors. All this time, public lands

generally do not have a certificate, but with the clarity

of community rights based on the land tenure model,

the potential conflicts can be avoided, and such a

model still provides a sense of security to farmers

(communities) in managing their land.

3.2 The Role of Dalihan na tolu on the

Land Management

The role of Sulang Silima in the activities of the land

is to direct and to supervise, but they basically have

rights on the land. In fact, Perisang-isang plays a

more important role to direct, while control on the

land is played both by landowners and Sulang Silima.

The nonfamily is also prohibited to use the land by

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Sulang Silima. In addition, farmer groups also play a

role to control the land, where decisions are made by

consensus meeting of the members. Fine will be

applied to those who violate the rules. The institute

above all is the Department of Agriculture. The

conflict which often occurs is the problem of borders,

theft of crops, problems of land inheritance, or

purchase which issued by the other family members.

Even

though

the rights on the land are strong, but

in the case of the transfer of rights to others, it is hard

to do because land serves as a source of family

income. The dominant plant species in the area

Sidikalang with Sulang Silima customary coffee,

paddy, and orange (Table 3). This illustrates the

selection of a particular plant species which is

intended as a source of revenue that is coffee.

Table 3. Kinds of the dominant plants in the area Sidikalang, North Tapanuli, South Tapanuli

o. Sidikalang North Tapanuli South Tapanuli

Kinds of

Crops

Relative

Frequency (%)

Kinds of

Crops

Relative

Frequency (%)

Kinds of

Crops

Relative

Frequency (%)

1. Coffee 73,3 Coffee 75 Rubber 90

2. Rice 40,0 Sugar palm 55 Salak 45

3. Orange 20,0 Cocoa 30 Cinnamon 40

4. Corn 20,0 Benzoin 25 Chocolate 30

5. Chocolate 13,3 Pine Tree 25 Areca palm 25

6. Chili 10,0 Rubber 20 Durian 15

7. Jackfruit 10,0 Dutch

Eggplant

10 Coconut 15

8. Uru 6,7 Banana 10 Banana 10

9. Durian 6,7 Guava 10 Jackfruit 10

10. Bean 6,7 Chili 10 Guava 10

The role of Dalihan Natolu in North Tapanuli

illustrates that the elements of Dalihan na tolu play a

role in supervising the activities on the land and also

provide assistance in farm management. Hula-hula

has a greater role in directing, while Dongan

Sabutuha and Boru also play a role in helping farming

activities, such as giving seed or capital money.

However, the activity of transfer rights on land to

other parties is generally prohibited by Dalihan Na

Tolu.

Rights on land, in general, can be done by the

owner of the land. It is visible that the land can

continue to be planted and used as a source of family

income. However, in the case of transfer to other

parties, it is prohibited because land plays an

important role as a source of household livelihood.

Other family members can also take advantage of the

land as long as they get the owner's permission, and

the plant species that can be panted are those which

do not interfere with the main crops, such as coffee.

While non-family members are prohibited from

utilizing the land because there are still many family

members ascribed from Dongan Sabutuha who need

the land. Therefore, the transfer of rights on the land,

if it should be done, it will be preferred to the Dongan

Sabutuha.

While the control of land is carried out by the

landowner of the land as well as the organization of

farmer groups followed, such as young farmers'

groups. Chairman of the group is elected by all

members. Any member of the group who violates the

roles will be dismissed from the member of the group

or given fine in the form of money. Department of

agriculture becomes the patron of the organization.

Land conflicts generally happen due to a customary

land division or inheritance rights, and boundary

markers.

Custom

rules are to prioritize the immediate

family members in the utilization of land and rights

on the other lands. Controls are also carried out by

traditional institutions, including as a colony with

Dongan Sabutuha. Dongan Sabutuha organization is

selected through a meeting between the parents with

Naposo (the younger generation). This organization

has clear rules, and it functions as a traditional

institution. Sanctions will be applied to any members

who violate the roles. The sanction given may be the

suspension or dismission from the institutions. In the

case of traditional institutions, there is no special

government agency which is responsible. In general,

the younger generations (Napose) get involved in the

supervision or control of the land utilization.

In North Tapanuli, the farmers are very stiff in

their traditional institutions, especially in their efforts

to obtain claim of their rights on the land. Some of the

organizations followed by the farmers are Punguan

The Dalihan na tolu Customs and Its Implementation in the Management of Community Farming Land in North Sumatra

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Toga Simatupang, Punguan Pomparan Siregar, etc.

Organizations based on clan becomes the official

sanctioning body for the benefit of its members that

in fact is derived from the clan. In other words,

Dongan Sabutuha has special rights in the system of

land tenure. Use and control of land become an

inherent part of a Dongan Sabutuha to play a role in

claiming rights on the land. Kinds of plants in a

community garden in North Tapanuli are (Table 3).

The

role of Dalihan na tolu in South Tapanuli was

basically to direct and to supervise the management

of the land. Kanganggi is generally involved more in

directing and choose the kinds of plant. The role in

the transfer of rights to land is also supervised by the

elements of Dalihan Na Tolu, such as giving rights to

the land to others, pledge or sell. Mora and Anak Boru

also play role in directing the farming activities on the

land. However, to transfer the rights on land to other

parties is restricted and even banned by the elements

of Dalihan Na Tolu.

While

other family members are prohibited from

utilizing the land. It is due to land has a primary

function as a source of family income. Similarly, non-

family members are prohibited from utilizing the

land. Rights on land, in general, can be done by the

owner of the land, but the transfer of rights on the land

to others is strictly limited. This supervision is

generally done by Kahanggi who are actually

brothers from the same clan, who are bound by

customary rules.

Control

is generally done by the owner of the land,

while the role of Dalihan na tolu is more on the

transfer of rights on land, and the full utilization of

the land becomes the landowner’s responsibility.

With regard to the controls, no special institutions get

involved. Farmers get involved more in the activities

of non-profit or as an institution for the purposes of

joint activity or collective action. Problem solution

related to conflicts of land use is done by deliberation

and familyhood system. The implementation of the

provisions of customary institutions is also honored

by government officials and hatobangun and

intellectuals.

The

dominant plant species in South Tapanuli

were rubber and salacca zalacca (snake fruit). Rubber

becomes plant which is generally grown on

agricultural lands of people but maintenance is

generally performed traditionally.

The

role of Tolu Sahundulan in Simalungun was

more on the management of farming such as crop

selection and its management, including monitoring

and helping to give seed. However, transfer the rights

to other parties cannot be done because land plays an

important role as a source of livelihood of the family.

Land

, in general, can also be used by elements of

Tolu Sahundulan for farming as long as they obtain

the permission from the landowner. Controls are

carried out by the landowner, and there is no specific

institution involved in the utilization and control of

land. The pattern of farming which is indicated by the

relative frequency is coffee and some food crops. The

diversity of plant species was also characterized by

various kinds of annual crops such as durian (king of

fruits). Overview of the kinds of plants is shown in

Table 4.

Table 4. Kinds of the dominant plants in Simalungun and Tanah Karo are:

o. Simalungun Tanah Karo

Kinds of Crops Relative Frequency

(%)

Kinds of Crops Relative Frequency

(%)

1. Coffee 76.7 Coffee 80.0

2. Red Chili 40.0 Red Chilli 46.7

3. Corn 36.7 Paddy 40.0

4. Rice 30.0 Orange 23.3

5. Ingul 20.0 Tomato 20.0

6. Chili 16.7 Cayenne pepper 16.7

7. Cabbage 13.3 Potato 13.3

8. Banana 13.3 Corn 13.3

9. Chocolate 10.0 Cabbage 10.0

10. Durian 10.0 Flowers 6.7

11. Tomato 10.0

am 6.7

12. Potato 10.0 Beans 3.3

13. Oran

e 10.0 Su

arcane 3.3

14. Do

frui

10.0 Chocolate 3.3

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While the role of Daliken Sitelu in land tenure in

Tanah Karo illustrates that the elements of od Daliken

Sitelu especially tembuyak and kalimbubu play a role

in directing the management of the farm, while the

purpose of transfer of rights on land is supervised by

Daliken Sitelu so that the change hands of the land to

others will not happen. This is due to the strong status

of land ownership for the benefit of the family as a

source of income. The kinds of dominant crops for

farmers in Karo land can be seen in Table 4. The

coffee plant becomes the main crop for the

Karonesse. This is supported by the condition of land

suitable for growing coffee, thus becoming the main

source of income for farmers.

3.3 Tenure Security

Type of community rights that exist on the land is a

picture of land tenure security guarantees (Table 5).

The table illustrates the value of the average index

individual rights 2 - 3. Of the total rights of the

observed value, it indicates low to moderate.

However, basically, most of these rights can be done

with permission, in particular with regard to the

transfer of land rights. The value, in fact, can still be

done with the consent of the parties concerned, in this

case, the elements of Dalihan Na Tolu. In Bataknesse

society, the elements of Dalihan na tolu have

differentiated according to their respective areas.

However, in principle, the elements of Dalihan na

tolu have in common with one another.

Rights

which exist illustrate that the land can be

planted, and the crops can be harvested without any

objection from the other party. However, the transfer

of land rights to others strictly must obtain permission

from the elements of Dalihan na tolu with varying

pressure. The elements of Kanganggi or Dongan

Sabutuha have a greater role than any other elements

in the case of transfer of land rights to another party.

Table 5. The rights of individuals that exist on public land in North Sumatra

No. Type of Right Sidikalang S imalungun Karo

North Tapanuli

South Tapanuli

Plant and replant

√

ueath

√

3 Rent

√

Give to the other one

√

ΓΓ

Mort

ΓΓΓΓ

6 Sell

ΓΓΓΓ Γ

Average rights existing on the land

3,4 3,2 2,0 3,0 2,4

Note:

√ = can be done without permission

Γ = can be done with permission

x = cannot be done

Based

on the variety of the elements of land

tenure, land tenure model based on Dalihan na tolu

custom can be described in the following provisions

(Fig.1). Model is a concept to explain the elements of

land tenure, namely ownership, utilization, control,

and transfer of rights on the land. The developed

model illustrates that the role of Dalihan na tolu in

building land tenure systems functions more in the

control or supervision of the activities on land.

Activities aimed at the economy in the short term are

fully managed by the landowners. It aims at meeting

the daily interests. These activities do not need to get

approval from the elements of Dalihan Na Tolu.

However, the transfer of the rights activities on the

land is so related to the role of Dalihan na tolu who

accommodates its groups/members.

The

structures of Dalihan na tolu or Dongan

Sabutuha or relatives from the same clan show a more

dominant role than Mora or Kaganggi, and Boru or

Anak Boru. This role is part of the Bataknesse’s

institution that places brothers from the same clan as

those that count in the rights of property.

Land conflicts are basically caused by some

parties’ claims on the same land. Land conflicts in

Sumatra, according to Widiyanto et al (2013), is in

the form of claims of local communities or

indigenous people with the state or companies. The

government is considered giving more priority to

large capital owners who want to develop certain

commodities such as oil palm, transgenic cotton,

eucalyptus, and others. From Huma’s data, there are

at least 14 provinces which have plantation conflicts,

and they are commonly found in Kalimantan and

Sumatra. Widiyanto et al (2013) note that acreage

conflicts in North Sumatra reach 114 385 hectares.

The Dalihan na tolu Customs and Its Implementation in the Management of Community Farming Land in North Sumatra

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Figure 1. Land Tenure Model Based on

Dalihan na tolu

Custom in North Sumatra

The conflict is a crucial issue that there is an

increase every year. Sumatra constitutes oil palm

plantation areas and the growth of oil palm

plantations rapidly suppresses the plantation people.

According to Saturi (2013), the rate of investment

palm plantations allegedly reinforces the pressing

need of land, and forest usually becomes areas which

are vulnerably sacrificed. The example can be seen in

West Pasaman, West Sumatra which involves PT.

Anam Koto. PT. Anam Koto holds the right to

cultivate an area of 4.777 hectares which once

claimed the indigenous forest areas.

Land tenure model based on

Dalihan na tolu

custom is developed as an approach to resolve land

conflicts. By putting the clarity of land tenure status

based on the elements of ownership, utilization,

control, and transfer, the parties fighting over land

claims will gain their every corresponding claim in

accordance with their rights. In other words, when the

land claims and utilization can clearly be done, the

land conflicts which have negative impacts on

agricultural development can be resolved.

4 CONCLUSION

In the land tenure model based on

Dalihan na tolu

custom in North Sumatra, it is found that the role of

the elements of

Dalihan na tolu

deals with farm

management activities, utilization, control and

transfer land. A more dominant role of the elements

Dalihan na tolu

is in the transfer of rights on the

land to others, especially the role of brothers from the

same clan (Kahanggi or Dongan Sabutuha). The role

of traditional institutions in land tenure based on

Dalihan na tolu

custom does not diminish the rights

of individuals on land. In other words, the individual

rights to the land remain strong.

Conflicts that occur in the land tenure are

generally related to the boundary, theft, and

inheritance of land. Conflict resolution is preferred

with a family approach and deliberation.

ACKNOWLEDGMENTS

Acknowledgments were conveyed to the Directorate

General of Higher Education, Ministry of Education

and Culture, Republic of Indonesia, Fiscal Year of

2015, who had given the grant to this research activity

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