Analisis Peralihan Hak Atas Tanah Ulayat, Di Tinjau Dari Asas Konsensualitas (Studi Kasus Adat Minangkabau)

Mardison, Joki (2021) Analisis Peralihan Hak Atas Tanah Ulayat, Di Tinjau Dari Asas Konsensualitas (Studi Kasus Adat Minangkabau). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRAK Indonesia law development, develops according to the needs of the community, then there will also be problems that will be faced by the community, especially regarding land issues in Indonesia, it is necessary for the state to be present in the community to regulate, the development of land is very importantfast, because in accordance with human needs of humans themselves, land in Indonesia is closely related to community groups, in Indonesia the people have many ethnic groups and have communal land, central sumatera, located, in the middle of the bukit barisan, there are minangkabau tribes consisting of three luhaks and an overland area, wherw the Minangkabau people mention the area in their custom, luhak Bapanghulu, Rantau Barajo, luhak led by a penghulu while the rantau is led by a king/kingdom. Minangkabau community consisting of tigo luhak, namely data land luhak, religious luhak and limoty luhak outside of the tigo luhak are called rantau areans, each has a leadership system, each has a leadership system, each luhak and overseas own land, the land is owned jointly same. With boundaries agreed upon by adat, every adat in minangkabau has adat leaders according to levels, such as clans, tribes and nagari, adat leader are called penghulu shoots, top chiefs who act both inside and oudside of adat. Land in minangkabau is called ulayat land because it is jointly controlled, each ulayat land is controlled by an ulayat owner led by a top ruller, ulayat land connot be traded or transferred to parties ouside the custom, there are certain reguirements that must be met, customary conditions this cannot be separated from that must be met, customary conditions this connot be separated from the consesnsus between outside parties and indigenous peoples in accordance with the provisions of pasal 1320 KUHperdata, before an agreement with an outside party there must be a consensus made between the customary party and the outsider in order to benefit both partiesln the utilization/ management of the ulayat land , the ulayat land can be switched by consesnsus, namely an agreement/ agreement with investors, pawn loan and ganggam bauntuk.

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