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

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.