KAJIAN YURIDIS SYARAT CALON KEPALA DESA DALAM KONTEKS “MARMASUK HUTA” SEBAGAI KEARIFAN LOKAL MASYARAKAT BATAK ANGKOLA

Ihwan Sormin, S.H., NIM.: 21203012127 (2023) KAJIAN YURIDIS SYARAT CALON KEPALA DESA DALAM KONTEKS “MARMASUK HUTA” SEBAGAI KEARIFAN LOKAL MASYARAKAT BATAK ANGKOLA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The state protects every right to regional origins and traditional rights and recognizes customary laws and laws that live in society as contained in the constitution. This spirit is implemented in the village law by providing requirements for the candidate for village head to be domiciled and reside in the local village for at least one year. This was made for a village head candidate to understand the culture and norms that live in village communities. This requirement was abolished through a decision of the Constitutional Court. Meanwhile, in the Angkola Batak community, they have the local wisdom of marmasuk huta, meaning that each new resident may not become a member of the village before going through the customary procession of marasuk Huta. The author wants to examine how the juridical and sociological review of the requirements for village head candidates is related to marmasuk huta as the local wisdom of the Batka Angkola community. This research uses a type of qualitative research (Field Research), where the research will carry out a series of activities to collect primary data in the research object field with related parties. This research is descriptive analytic in nature, which aims to describe and analyze how the process and concept of the phenomenon of marmasuk huta. This study uses an empirical juridical approach, namely looking at the law in the facts of social life of society, not the reality of the form of legislation in the form of articles and decisions, but how the law is implemented in everyday life, whereas when viewed from the empirical side, it looks at the reality and the facts that exist in society in carrying out the practice of "marmasuk huta" and its relevance to existing regulations. The results of this study indicate that the Constitutional Court Ruling Number 128/PUU-XIII/2015 is not in accordance with the local wisdom of mardinding huta as a social structure and legal norm that lives in the Angkola Batak community. The state, through constitutional judges, does not consider the origins of the village and its traditional rights as state guarantees as stated in the constitution. In the rule of Al ‘adah Muhakkamah as a condition for being used as legal considerations such as not contradicting texts, generally accepted in the Angkola Batak community and traditions that have existed for a long time and are not traditions that only emerged later, the tradition of mar Masuk Huta can be used as legal considerations. Because it has fulfilled the elements in Al ‘adah Muhakkamah

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