Analisis Hukum Adat Atas Peralihan Tanah Ulayat Menjadi Tanah Hak Perseorangan Pada Masyarakat Hukum Melayu Datuk Mudo Di Kenagarian Bangkinang

Nur, Khomaria (2022) Analisis Hukum Adat Atas Peralihan Tanah Ulayat Menjadi Tanah Hak Perseorangan Pada Masyarakat Hukum Melayu Datuk Mudo Di Kenagarian Bangkinang. Other thesis, Universitas Islam Riau.

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Abstract

Customary law recognizes property rights as the strongest rights among individual rights and is also part of the implementation of ulayat rights. If someone wants to control a land, for example by using his right to open a land given by the ulayat, that person has the right to enjoy the results of the land he opened during one harvest period. However, the return of land rights is not automatic because the person concerned still has previous rights. Therefore, the ulayat has the authority to reprimand the person concerned by proposing two options between continuing to cultivate the land or handing it over to another person or the ulayat at that time will annul the right to enjoy it. Based on the background of the problems described above, the authors apply the following main problems: First, how is the regulation of customary law regarding customary land tenure in the Datuk Mudo Malay legal community in Kenagarian Bangkinang. the Datuk Mudo Malay customary law community in Kenagarian Bangkinang. Third, what are the reasons justified by the Datuk Mudo Malay customary law that the control of ulayat land can be handed over to individuals. The type of research is empirical legal research, namely research that examines the transfer of ulayat land into individual land rights in the Datuk Mudo Malay community in Kenagarian Bangkinang. Meanwhile, if viewed from the nature of the research, it is descriptive analysis, which describes the state of the subject or object of research based on the facts that exist at the present time. Customary law regulations regarding ulayat land in the Malay community of Datuk Mudo if someone wants to manage ulayat land into individual land, it must go through the principle of "adat filled with limbago dituang". Meanwhile, in the process of customary land ownership, there must be a release from the head of the limbago before a land certificate can be made. However, the land release letter must be signed by Datuk Mudo and Datuk Rajo Deko. This release letter can only be given by Datuk Rajo Deko if the community has more than three years of planting and maintaining the ulayat land. While the justified reason for the transfer is because of the need for land for social and economic interests of the community, as well as other communities outside the customary law community as well as the interests of the state for development, then the customary land can be transferred with the release of adat.

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