ANALISIS PENSERTIPIKATAN TANAH ULAYAT MELALUI PENDAFTARAN TANAH SISTEMATIS LENGKAP (STUDI KASUS DI KABUPATEN PADANG PARIAMAN)

NADITA ALMA, 21303698 (2025) ANALISIS PENSERTIPIKATAN TANAH ULAYAT MELALUI PENDAFTARAN TANAH SISTEMATIS LENGKAP (STUDI KASUS DI KABUPATEN PADANG PARIAMAN). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

The implementation of the certification of Customary land through the Complete Systematic Land Registration (PTSL) program presents challenges to the protection of communal rights of indigenous peoples, especially among the Minangkabau who follow a matrilineal kinship system. This study aims to analyze the mechanism of registering ulayat land within the PTSL program to prevent the transfer of rights from communal ownership to individual ownership, as well as to examine the implementation of related regulations, namely the Minister of Agrarian and Spatial Planning/Head of the National Land Agency (ATR/KaBPN) Regulation Number 14 of 2024 on the Administration of Land and Registration of Ulayat Land Rights of Indigenous Peoples, the Minister of ATR/KaBPN Regulation Number 6 of 2018 on Complete Systematic Land Registration, and the West Sumatra Provincial Regulation Number 7 of 2023 on Customary Land. This study uses a qualitative method with a normative-empirical approach. Data were obtained through document studies, observations, and interviews with officials from the Land Office and elements of indigenous communities in Padang Pariaman Regency. The results show that the implementation of PTSL for customary land still faces legal and social obstacles, particularly in determining the subjects of rights and the legal status of ulayat land. Issuing certificates in the name of individuals potentially undermines the principle of communal ownership. Therefore, the registration mechanism that can be carried out is the recording of customary land in accordance with the provisions of the Minister of ATR/KaBPN Regulation Number 14 of 2024 without issuing individual certificates, involving the active roles of Mamak Kepala Waris (MKW) and Nagari Customary Council (KAN) in the verification and approval processes. This approach is expected to preserve the continuity of ulayat rights in accordance with customary law while aligning with the national land administration system. Keywords: PTSL, Customary Land, Communal Rights, Indigenous Peoples

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