Notes on the Feudalism of Nobles in Mandar

The first rain in the long dry season suddenly dropped swiftly wet the yard of the Limbua Village Office, Sendana District, Majene Regency, West Sulawesi, Friday, October 12, 2018.

Although the rain triggered fresh air, the atmosphere inside the Limbua Village office actually warmed. That's because there was a meeting facilitated by the National Land Agency (BPN) Majene between someone who held a noble title and dozens of residents in the neighborhood.

The nobleman picked up the residents to BPN with claims to be the owners of the land that the residents were occupying. But unfortunately the pretext was not accompanied by proof of the certificate in question. The nobleman only brought a witness from their own family. And a copy of the land certificate owned by PLN in Sendana District.

While the community in the neighborhood has obtained an official certificate from the National Land Agency. The document was obtained by residents based on the history of the acquisition of land up to the basis of rights that have been in accordance with the rules. Naturally, if citizens are angry over the nobility's refutation.

The nobleman was judged to only want to control the land owned by citizens to become a feudal. In the Popular Scientific dictionary by Windy Novia, S.Pd, the ruler of the land or area or region, referred to as feudal. Because their nature is to control / oppress the weak through land control. In Article 1865 of the Civil Code, it reads: "Anyone who claims to have rights or based on an event to strengthen his rights or to deny the rights of others must prove the existence of rights or events".

The article is strengthened by the principle of law as in the book Collection of Legal Principles by Dr. Amir Ilyas, SH., MH and Muhammad Nursal, SH, who wrote the principle of law which reads: "Actori in cambit probation", which means who claims to be his right then he is obliged to prove it.

This means that, if a person claims land as his right, those who are obliged to prove it clearly. When withdrawn in the case in Lakkading, the national officer must first prove their claim. As for the citizens whose role is to refute and prove their objections.

Not the other way around, residents are asked to show their land ownership documents. The nobleman must also fulfill the witness element. In civil law, we know the principle of "Unus Testis Nullus Testis", which means that one witness is not a witness. In the book Legal Principles for Civil Proving written by Prof. Dr. Achmad Ali, SH., MH and Dr. Wiwie Heryani, SH., MH stated that if there was only one testimony, it should not be accepted as evidence. Based on the case, it is only natural for the residents to reject the claim from the woman.

It is also very reasonable if they retain the land they occupy. "Maintaining this land is a dead price," said one of the residents at the meeting. Rain continues to fall rapidly. Without pause, without stopping. BPN Majene who wants to see directly the land claimed to have failed. The claimant also left the meeting. As if, nature helped support the people's struggle for their land.

Legal practitioners
Mulya Sarmono SH