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Limapuluh Regency, West Sumatra Province City)

Indonesian Journal of Multidisciplinary Science, Vol 1 (10), Juli 2022

INTRODUCTION

Humans and land have a close relationship. In addition to their own interests,

land is also needed for wider interests. Here we are dealing with the public interest, but

the public interest has not been formulated in a standard way. The public interest

hundreds of years ago had almost the same meaning as the interests of a group of

though some have never owned land. After that it will keep it up no matter what. Land

can be owned by anyone, individuals, communities as groups, or legal entities. One

time land became inheritance or company assets and even became sacred objects.

Obviously, land has economic value; the more demand and need for land, the higher

the value of land, it is also unavoidable, which results in higher land conflicts (Lubis,

2021).

In fact, humans cannot be separated from the land, because in that land they

were born, which is why the term "land spilled" arises, in the land they live and do

activities, and it is also the soil that gives them life (in the form of food and facilities),

and finally into the ground. anyway they are returned (buried). Including the main part

who lives or is in that place. This provision is described in the proverb "Where the earth

is stepped on, there the sky is upheld". There are two things that cause the land to

have a very important position in customary law, namely because of its nature, namely

being the only object, wealth which, despite experiencing any circumstances, is still

permanent in its condition and sometimes even becomes a property. more profitable

and due to the fact that the land is a place of residence for the community

(community), provides a livelihood for the community (community),is a place where the

deceased members of the community (community) are buried,and is also a place of

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Indonesian Journal of Multidisciplinary Science, Vol 1 (10), Juli 2022

residence for and-and-and-yang protectors ofcommunity) and the spirits of the

ancestors of the community (community).

Until now, the settlement of land disputes is still a matter of polemic. To resolve

land disputes with positive law, it is still quite difficult to get a settlement that is

beneficial to both parties. This also applies to customary law, considering that because

customary law is not a written rule, it will be very difficult for indigenous peoples to

resolve the disputes they face.

local community against perpetrators who are considered deviant. In Indonesia the

word "custom" was only used around the end of the 19th century. Previously this word

was only known to the Malay community after their cultural encounter with Islam in the

16th century. This word, among others, can be read in the laws of the Malay State.

Because the term Adat which has been absorbed into Indonesian has become a habit,

the term customary law is often equated with customary law.

Based on the opinion above, it can be concluded that customary law is a legal

system that is known in the social life environment in Indonesia. Thus, customary law is

the original law of the Indonesian nation. The source is unwritten legal regulations that

grow and develop and are maintained with the legal awareness of the community.

demands of indigenous peoples, on June 24 1999, the Regulation of the State Minister

of Agrarian Affairs/Head of the National Land Agency No. 5 of 1999 was issued

concerning Guidelines for the Settlement of Problems with the Ulayat Rights of

Indigenous Peoples. This regulation is intended to provide guidance in regulating and

making operational policies in the land sector as well as steps for solving problems

related to customary land. This regulation contains a policy that clarifies the principle of

recognition of "ulayat rights and similar rights of customary law communities" as

referred to in Article 3 of the Basic Agrarian Law (UUPA). These policies include

equalization of perceptions regarding "ulayat rights" (Article 1), criteria and

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Indonesian Journal of Multidisciplinary Science, Vol 1 (10), Juli 2022

determination of the existence of customary rights and similar rights of customary law

communities (Articles 2 and 5), the authority of indigenous peoples over their ulayat

lands (Articles 3 and 5). 4).

According to Vollenhoven, Indonesia is divided into 19 areas of customary law

(

). One area with uniform outlines, patterns and characteristics of

customary law is called

into several sections called Kukuban Hukum (

(Sayurmatinggi)

(c) Nias (South Nias)

(a) Bengkulu (Range)

(b) Lampung (Abung, Paminggir, Pubian, Rebang, Gedingtataan, Tulang

(c) Palembang (Children, Jelma Daya, Kubu, Pasemah, Semendo)

Limapuluh Regency, West Sumatra Province City)

Indonesian Journal of Multidisciplinary Science, Vol 1 (10), Juli 2022

areas that have been divided by Prof. Mr. Cornelis (Van Vollenhoven et al., 2013), there

is one area that is still very thick with its customary law, namely Minangkabau land.

social life of the Minangkabau people, especially those who live in Minang or West

also known for its uniqueness, namely Matrilineal or following the mother's line of

customs regarding land.

occurred in Indonesia in general, especially in West Sumatra since 1985 and until now

cannot certify, inherit and trade.

Fifty Cities District in West Sumatra Province)on the grounds that Until now, the various

efforts that have been taken by the parties to resolve the dispute are only deliberation

based on the applicable Minangkabau customary law. The end result that is expected

from this case is that the land of the people can be returned to the female descendants

as the legal owners of the land based on customary law.

METHOD

In the preparation of this research, the authors conducted research using the

empirical method which means law as a social, cultural or

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Indonesian Journal of Multidisciplinary Science, Vol 1 (10), Juli 2022

this study primary data obtained from the field were used. Data collection techniques

were carried out in several ways, namely: Question and answer interviews were

conducted with respondents from parties who have an understanding of customary law

and dispute resolution with customary law. through various books and laws and

regulations related to research on dispute resolution with customary law. In the

preparation and writing of this research used descriptive analysis research

specifications. Analytical descriptive research seeks to reveal the laws and regulations

Resolution based on the rules and laws or customary law that applies in the social life of

the Minangkabau community, especially those residing in the Minang realm or West

Sumatra. To a certain extent, Minangkabau customs are also used and apply to Minang

people who are overseas outside the Minangkabau region.

that:

In resolving a dispute, KAN establishes peace, deliberation and consensus as

long as the prevailing custom is guided by the lineage of the ranji/ranji of the tribes and

peoples in dispute. In resolving disputes over the Nagari Customary Density, it is carried

out by rules or methods, namely: deliberation, consensus, directly on the subject of the

dispute, more applying customary law.

Limapuluh Regency, West Sumatra Province City)

Indonesian Journal of Multidisciplinary Science, Vol 1 (10), Juli 2022

Mr. Alizamri Rajo Lelo as Dubalang Parik Paga Adat Koto Loweh said:

According to H. Nurullah. (2006). The settlement of customary land disputes

in Minangkabau starts from the clan level. Dispute resolution at this level is carried

out by means of deliberation/customary hearings. Deliberation according to the

including the eldest male or dispensed person who serves as the leader of the

session, a manti in charge of administering the administration, and the disputing

parties. At this level, women have not been included in customary

deliberations/trials unless the women themselves are involved as plaintiffs or

defendants, but in some disputes women usually give a mandate to the eldest

a consensus from both parties, then the dispute resolution proceeds to the tribal

carried out by deliberation with stages, namely: indictment (reading of the lawsuit),

answers, judge's considerations and the judge's decision (penghulu). In the

traditional deliberations/trials at the tribal level, women have not been included.

tribal chief has presented, there is still no intention from the defendant to return

the land.

Limapuluh Regency, West Sumatra Province City)

Indonesian Journal of Multidisciplinary Science, Vol 1 (10), Juli 2022

(H. Ahmad Hosen, 2006)

System If both parties to the dispute are

not satisfied with the decision at the tribal level, then the dispute resolution is

brought to the Nagari level, namely in a customary trial by the Nagari Customary

Density. In the interview, Mr. Dubalang also did not forget to say:

are divinated, penghulu, guardians of Nagari, KAN employees, bundo kanduang,

alim ulama, dubalang and manti. The term bundo kanduang was formerly used to

refer to the eldest sister of the King, but now bundo kanduang is not only limited to

that but is also used to refer to the eldest mothers in the tribe who rule the Ranji

tribe. The customary deliberation/trial at this level is carried out in the same stages

as the traditional consultation/trial at the tribal level, except that there are more

traditional apparatuses present than those present at the previous level. At this

level, women who can be included in customary deliberations/trials are only limited

to the disputing parties and Bundo Kanduang.

law. Mr. Dubalang in his interview said:

procedures, customary land disputes can only be brought to court if there has been

a decision from KAN. At this level, the settlement that will be carried out is no

Limapuluh Regency, West Sumatra Province City)

Indonesian Journal of Multidisciplinary Science, Vol 1 (10), Juli 2022

longer customary deliberation/trial but a modern trial as is often done in courts in

general with judges, clerks, lawyers for each party (if any) and of course the

disputing parties. Before the dispute between the parties will be tried, the judge will

appoint a mediator to mediate the disputing parties to get an agreement.

which the disputing parties submit their settlement to a mediator to achieve a fair

final result, without wasting too much cost, but effective and fully accepted by both

over to the judge must be in balance with the property in dispute. In the custom it

is mentioned gadang wood, gadang material. In the case study raised by the

author, the resolution of this dispute has not yet reached the level, for several

reasons.

Customary disputes are disputes that usually occur within indigenous peoples.

Minangkabau is about customary disputes, not disputes that often occur like disputes in

general, this is because in general the cause of this dispute is inheritance passed down

through custom. The problem in customary disputes is related to high heirlooms which

do not have clarity on who the original owner of the object was. Customary disputes

usually occur between families, between tribal members and tribal chiefs, even between

no longer entitled to the land and the high inheritance should be transferred to the

younger brother of his mother who has female descendants. This dispute began since

the death of the father Bayani (late). Initially, no one objected when Mr. Bayani (late)

managed the land because Mr. Bayani was still a member of the Mandailiang tribe (his

mother's tribe), after Mr. Bayani (Alm) died, Mr. Bayani's children continued to manage

the land. When Mr. Maizar Dt. Tantamo (Alm) heard that the land had been managed

by the children of Mr. Bayani (Alm) who were no longer members of the Mandailiang

tribe, Dt. Tantamo visited them and asked for the land to be returned to the original

owner of the high heirloom (the Mandailiang tribe). After being visited by Dt. Tantamo,