Dispute on Use of Nagari Ulayat Land for Plantation Business by PT. Permata Hijau Pasaman in Nagari Kapa, Pasaman Barat Distruct

Abstract

The dispute over the use of Nagari Kapa Ulayat Land began with the submission of control of Nagari Kapa Ulayat Land to an investor, namely PT. Permata Hijau Pasaman, which was used for an oil palm plantation business. This transfer of control was based on a statement of agreement for the handover of 1.600 hectares of land dated February 6, 1997, which was handed over to the regent as the regional head, as is Article 9 Paragraph 3 of the West Sumatra Regional Regulation Number 6 Of 2008 Concerning Communal Land and its utilization which reads “Utilization of Communal Land for the Benefit of Legal Entities or Individuals can be Carried out based on tenure agreement and costomary community agreements”. To guarantee legal certainly, the company regisrers its Cultivation Rights. This research focuses on three issues, namely, First: How is the mechanism for handling over Nagari Kapa Ulayat Land carried out by Ninik Mamak for plantation utilization by PT. PHP, Second: How is the mechanism for issuing Cultivation Rights by BPN Pasaman Barat originating from Nagari Kapa Ulayat Land, Third: What the causes of dispites over the used of Ulayat Land in Nagari Kapa and the methods of settlement adopted by the parties. This study uses a juridical Sociological research method with an analytical descriptive nature. The sources are obtained from interviews, reports and documents which are then processed. Secondary data comes from relevant laws and regulations, articles, journals and internet sites. The result showed that First, in the prosess of handing over Nagari Kapa Ulayat Land there was no transparency between Ninik Mamak and Ninik Mamak and the regent with Ninik Mamak, meaning thet the handover of ulayat land did not include all of Ninik Mamak Nagari Kapa, namely Ninik Mamak Panghulu Langgam, then in the handover there was no the regent’s good faith in explaining the status of the land after being granted a Cultivation Right. Second, the Cultivation Rights certificate issued by the BPN only mention Nagari Sasak, so there is an administrative legal defect which should include the name of the regency in accordance with the type of rights with Regency/Manicipality area units. Third, the way of resolving disputes is Non-Litigation by negotiating and mediating, while Litigation is by suing, to Court with case number 15/PDT.G/2005/PN.LBS and Case Number 24/Pdt.G/2020/PN Psb.