A Resolution of a Dispute of Customary Land Registration in Sungai Tarab Village, Tanah Datar District

Yulia Rizki, Azmi Fendri, Sofiarti Sofiarti

Abstract


Customary land is a binding element for a society to live in an area, and it is a determining factor of whether or not a person is a native of that area. In Minangkabau, customary land is not allowed to be traded; it should only be managed and utilized by the descendant who has the right.  The problems of this study are (1) What are the factors that led to the dispute over the registration of customary land in Sungai Tarab Village? (2) How is the process of resolving the dispute over the registration of customary land in the Sungai Tarab village through VCI? (3) How is the process of resolving the dispute over the registration of customary land for family in Tanah Datar National Defense Agency (BPN)? This is an analytical descriptive study, which analyze to provide an overview of the subject and object of the research. The types of data used are primary data and secondary data. The results of this study indicate, first, the factor of the dispute in Sungai Tarab village is the lack of legal law over the ownership of land obtained from the trade, so that there are other parties who seize their rights. Second, the process of resolving the dispute of family customary land through VCI is by following the steps from looking for the evidence, witnesses, and observing Descendant Warga, so that the decision arises based on the results of discussions and agreements of societies who has the right on the disputed land. Three, the dispute resolution is carried out by the division of conflict, dispute and case at the Land Office, which begins with the mediation of the parties of the dispute.


Keywords


Dispute Resolution; Land Registration; Customary Land

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References


Constitution of the Unitary State of the Republic of Indonesia year 1945.

Constitution Number 5 of 1960 concerning Basic Agrarian Principles.

Government Regulation Number 24 of 1997 concerning Land Registration.

West Sumatra Provincial Regulation Number 16 of 2008 concerning Customary Land and its Utilization.

West Sumatra Provincial Regulation Number 7 of 2018 concerning Villages.

Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency Number 5 of 1999 concerning Guidelines for Resoluting Customary Rights of the Customary Law Community

Presidential Regulation number 10 of 2006 concerning the National Land Agency.

Regional Regulation of West Sumatyera Number 13 of 1983 concerning Village Customary Institution.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i2.672

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