KEPEMILIKAN HAK ATAS TANAH ULAYAT PADA MASYARAKAT ADAT DI NAGARI PANGKALAN KECAMATAN PANGKALAN KOTO BARU
Abstrack: Every community is
in need of soil in his life, in the indigenous communities have a name which is
the customary rights of indigenous peoples rights group over a piece of land
called communal land. Implementation of communal rightsshould be based
kapentingan national and state that does not conflict with other regulations,
can be seen in Article 3 of Law No. 5 of 1960 on the Basic Regulation of
Agrarian, but it can also be seen in Article 2 paragraph (2) Regional Regulation
West Sumatra province that benefits for the benefit of indigenous peoples and
in the rules of customary law Minangkabau any decision should be nbased on
consultation and consensus. However, the case for customary land were sold and
its use no longer compatible with the existing rules. The purpose of this thesis,
namely: first, to know the background of customary land rights disputes in villages
Base, both to know the management of communal land by indigenous people in the
village base, third mediation customary land rights in villages Base. This type
of research can be classified in this type of sociological research, because in
this study the authors directly conduct research on location or area under
study in order to provide a complete and clear picture of the problem under study.
This research was conducted in villages Base districts Base Koto Baru, while
the sample population is a whole party with regard to the issues examined in
this study, the data source used primary data and secondary data, data collection
techniques in this study with interviews and literature study. From the
research, there are three main things that can be inferred. First, the
background or the causes of communal land dispute is due to the daily needs of
the different indigenous peoples so as to meet the needs of the community will carry
out the various ways that lead to the emergence of disputes. Second, their land
use is not in accordance with the interests of indigenous peoples have even cause
harm to indigenous people themselves. Third, indigenous peoples are lesstrusting
density Adat (KAN) in resolving disputes resulted in communal land settlement
to the District Court. Suggestions writer, first, indigenous peoples must mengedapankan
common interest and does not conflict with personal interests so that there are
no losers. Secondly, the use of communal land should be guided by the existing
rules so that there is no abuse of power. Third, KAN should perform its
functions optimally, so that indigenous people will trust KAN in resolving land
disputes which occurred in the village communal Base.
Penulis: Avnesyia Tri Berma
Kode Jurnal: jphukumdd160461
