PERUBAHAN STATUS TANAH ULAYAT NAGARI MENJADI TANAH ULAYAT KAUM DI KABUPATEN SOLOK

NADYA, NADYA (2025) PERUBAHAN STATUS TANAH ULAYAT NAGARI MENJADI TANAH ULAYAT KAUM DI KABUPATEN SOLOK. S2 thesis, UNIVERSITAS ANDALAS.

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Abstract

The highest right in customary law communities is ulayat rights w hich can only be owned jointly or communally and cannot be owned individually. According to the applicable customary law in Minangkabau, land comes from a high heirloom property called communal land, which consists of communal land given to the head of the inheritance mamak, tribal land given to the tribal penghulu, and communal land given to the niniak mamak in the Nagari Customary Density Institution (KAN). The change of status from nagari communal land to communal land must fulfill the mechanism of customary rules in accordance with adat salingka nagari. For the registration of kaum land originating from nagari communal land, it must go through the requirements in customary law before it can be registered at the Land Office. The change in status for nagari communal land to communal land in Solok Regency also raises disputes between the nagari and the community, the settlement is carried out through customary justice and resolved at the Koto Baru District Court. Based on the above thoughts, the author is interested in conducting research with problems, namely: 1) How is the process of changing the status of communal land from nagari to communal land in Solok Regency? 2) How is the registration of communal land originating from nagari communal land in Solok Regency? 3) How is the settlement of disputes over communal land originating from nagari communal land in Solok Regency? The research used an empirical juridical approach. The data used includes primary data and secondary data, data collected by interviews and document studies, then analyzed qualitatively. From the results of the research, the conclusions are obtained, namely 1. The granting of nagari customary land to groups or individuals must obtain an agreement from the niniak mamak in the form of deliberations and be known by the Customary Institution in the nagari. 2. The process of registering the customary land of the people originating from the customary land of the Nagari must fulfill the process in the Nagari with the existence of a Decree Granting the Nagari customary land to the applicant and registering at the Land Office in accordance with applicable laws. and 3. The existence of customary land disputes in Nagari Sirukam is found in Baso Jorong Gantiang, the settlement is carried out through the Koto Baru District Court and the Padang City High Court.

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