Pengelolaan Hak Ulayat Sebagai Hak Konstitusional Masyarakat Hukum Adat Dalam Pemanfaatan Sumber Daya Air Di Nagari Sungai Tanang Kabupaten Agam

Putri, Mislina Fadhilah (2020) Pengelolaan Hak Ulayat Sebagai Hak Konstitusional Masyarakat Hukum Adat Dalam Pemanfaatan Sumber Daya Air Di Nagari Sungai Tanang Kabupaten Agam. Other thesis, Universitas Islam Riau.

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Abstract

Customary rights as rights inherent in customary law communities have been recognized in the 1945 Constitution. In Nagari Sungai Tanang there are water resources as nagari assets. This water resource is not only utilized by the customary law community but is also used by outside parties in the Tanang river nagari community. However, the outsiders who use the water resources do not provide ulayat results in accordance with the agreement. The main problem in this research is the Utilization of Water Resources as Wealth of Nagari for Members of the Nagari River Tanang District, Agam Regency and the Existence of Minang Kabau Customary Law in implementing land investment. The method in this study uses empirical sociological methods and is descriptive analyst. The main data in this study are primary data using the interview method. Secondary data only as supporting data, obtained by studying documents. Data analysis was carried out qualitatively. The results showed that the utilization of water resources as a wealth of the nagari in the Tanang River Nagari is divided into 2 (two), First, directly used for daily living needs can be enjoyed free of charge by the Tanang River Nagari community such as: bathing, washing and irrigation of rice fields. Utilization of water resources as nagari wealth for the community outside of the Nagari River Tanang Community members is used by the Bukittinggi Municipal Water Company (PDAM). Recognition of customary law communities and their traditional rights has been stated in the dictum Article 18B paragraph (2) and article 28 I paragraph (3) of the 1945 Constitution after the amendment. However, this was not done as expected, due to the lack of indigenous peoples' knowledge of customary rights as constitutional rights. So that the community does not get the rights according to the 1945 Constitution. Second, the land law in Indonesia has not been firm and consistent with the existence of customary law and customary law of Minang Kabau, in the rule of customary land law in general, and customary communal land in particular. , has led to a perception that disagrees between the holders of customary rights in general, namely the ninik kamak who control customary rights and customary rights, and the parties making and implementing the Act, namely the government. Therefore, the legal regulations relating to land in Indonesia need to be revised again, as well as to maintain the existence of customary law. Minang Kabau in its customary heirloom rights.

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