PENANGANAN SENGKETA PENGUASAAN TANAH HAK ADAT MELALUI PERADILAN ADAT Studi Kasus Kerapatan Adat Nagari Niniak Mamak Nan Salapan Suku Kota Padang, Provinsi Sumatera Barat

HESTY WAHYUNI, 17263060/M (2021) PENANGANAN SENGKETA PENGUASAAN TANAH HAK ADAT MELALUI PERADILAN ADAT Studi Kasus Kerapatan Adat Nagari Niniak Mamak Nan Salapan Suku Kota Padang, Provinsi Sumatera Barat. Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

Preview

Text Hesty Wahyuni Manajemen 17263060_2021_1.pdf Download (577kB) | Preview

Abstract

In accordance with Article 1 paragraph (7) of the Regional Regulation of West Sumatra Province No. 16 of 2008 concerning ulayat land and its utilization, ulayat land is a piece of heirloom land along with the natural resources on it and in which it is obtained from generation to generation and is the right of the customary law community in the province of West Sumatera. Implementation in the regulation of ulayat land causes a lot of ulayat land disputes. Settlement of customary land disputes in West Sumatra is resolved through customary courts. Dissatisfaction with dispute resolution at the customary court level by indigenous peoples has resulted in their existence getting blurry. The purpose of this study was to (1) determine the form of dispute over customary land tenure rights in KAN (Kerapatan Adat Nagari) Niniak Mamak Nan Salapan Tribe of Padang City, West Sumatra Province (2) Find out the pattern of dispute resolution of customary land tenure in KAN Niniak Mamak Nan Salapan Tribe Padang City, West Sumatra Province. This research is an empirical legal research with a socio-legal approach with the aim of being able to answer the problems raised by the author. The results of this study can describe the form of a functional dispute due to differences of opinion regarding the status of customary land rights. This article investigates a recognized type of legal pluralism in West Sumatra, as well as the significance of the Ministry of ATR/BPN and KAN as Minangkabau customary courts, and the position of KAN's ruling in the District Court. The investigation of the form and pattern of settlement of disputes over possession of pusako land demonstrates this. Keyword: Customary Land, Customary Court, KAN, Pusako

Actions (login required)

View Item