HAK ULAYAT MASYARAKAT HUKUM ADAT EXSISTENSI DAN PENGATURANYA DI SUMATERA BARAT

Authors

  • Mayestati Universitas Bung Hatta
  • Zarfinal Universitas Bung Hatta

Keywords:

Customary Rights, Customary Law, West Sumatra

Abstract

Recently, problems have arisen in various regions regarding customary rights, both regarding their existence and land control. Research problems: 1. How is the existence and regulation of customary land based on UUPA? 2. What is the Position and Regulation of Traditional Rights of Indigenous Peoples in West Sumatra? This research uses a normative juridical approach. This research examines secondary data only or is also called library legal research. Secondary data was collected by document study. Data was analyzed qualitatively. Based on the research, it is concluded that: The customary law community's customary rights based on the UUPA are recognized as existing as long as the UUPA is recognized as long as its existence is in fact still there. If it does not exist, new customary rights will not be able to be revived. However, if it still exists, its customary rights are recognized. However, if it still exists, its customary rights are recognized. The implementation of customary law community customary rights is no longer carried out on plots of land that are already owned by individuals or legal entities who have land rights. with land rights. In West Sumatra Province, customary rights are still recognized for their management, control and utilization. Nagari customary land functions as reserve land for the Nagari traditional community. Tribal customary land functions as reserve land for members of certain tribes in the nagari. The clan's traditional land was used as cultivation land with the status of ganggam bauntuak pagang bamansiang by members of the clan. Rajo's customary land is categorized as cultivated land with the status of ganggam bauntuk pagang bamansinag by members of the relatives of Rajo's heirs.

Additional Files

Published

2024-02-25