TINJAUAN TERHADAP EKSISTENSI HAK ULAYAT DI MINANGKABAU (STUDI KASUS DI KENAGARIAN SUNGAI ANTUAN KECAMATAN MUNGKA, KABUPATEN LIMA PULUH KOTA, SUMATERA BARAT)
ABSTRACT: Communal land
ownership is an important part of customary rights and is a very important
factor in the life of Indonesian society, as well as indigenous people in West
Sumatra that most of the population lives and livelihoods depend on the land.
Article 3 of Law No. 5 of1960 on Basic Regulation of Agrarian, containing a
statement of recognition of the existence of customary rights of indigenous
communities along by the fact still exist, meaning when in reality does not
exist, then the customary rights that will not be turned on again, and will not
be created new customary rights. According to the Customary Law Minangkabau
communal land should not be traded, according to the slogan that live in
Minangkabau society. But in reality there isstill a violation of the rules of
the customs. the purpose of the research is to know how theexistence of
customary rights in Kenagarian Antuan River, District Mungka, District Fifty
City, West Sumatra, and how the role of the prince and Ninik Mamak and density
Adat (KAN)customary rights in dispute resolution in Minangkabau. This research
was conducted by using asociological approach to research that want to see the
correlation between law and society, withthe specification in the form of
descriptive research through library research. Based on thisresearch, the
existence of customary rights in Kenagarian Antuan River, District Mungka, District
Fifty City, West Sumatra, began to weaken and occur several cases of customary
rights, the role of Ninik Mamak, the prince is also not optimal because still
there is a violation of theirdecision. Supposedly indigenous peoples and
indigenous leaders to work together to protect customary rights, and people are
given direction on customary rights and the role of traditional leaders should
be optimized again.
Penulis: Devi Wulan Tari
Kode Jurnal: jphukumdd151158
