Tinjauan Terhadap Sengketa Pemindahan Kepemilikan Hak Ulayat Kepada Individu (Studi Kasus Di Kecamatan XIII Koto Kampar)

Fitria, Monia Rizki (2021) Tinjauan Terhadap Sengketa Pemindahan Kepemilikan Hak Ulayat Kepada Individu (Studi Kasus Di Kecamatan XIII Koto Kampar). Other thesis, Universitas Islam Riau.

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Abstract

Ulayat land is collective land belonging to a customary law community in an area. In order to control the land, it must really be the indigenous people. Because of this, ulayat land cannot be transferred to private property if the customary land is still recognized. In XIII Koto Kampar District, to be precise in Batu Bersurat Village, there was an incident of the transfer of customary rights to individuals by the Customary Chairman / Customary Leaders and community leaders. The main problem in this research is how the existing arrangements regarding customary law in Batu Bersurat Village, and what causes the transfer of ulayat rights to individuals in Batu Bersurat Village. While this research method is observational research or known as survey research. While its nature is descriptive in nature, the writer tries to provide a detailed description of the Dispute for the Transfer of Ownership of Ulayat Land Rights to Individuals. The results showed that the existing regulations regarding the customary law in Batu Bersurat village were not implemented properly because every action that should be done collectively (communally) with the customary community by deliberation, which has become a habit in the Batu Bersurat village community, is not carried out by adat leaders. This is marked by the sale of ulayat land by the adat leaders on their authority to control the ulayat land by covering up the sale by transferring a grant known to the customary community, but the customary community cannot take action against the sale of the ulayat land, and Causes of Transition Ulayat Rights to Individuals in Batu Bersurat Village is due to the purpose of transferring land use into oil palm plantation land, so that the customary shoots transfer by making a letter of grant to other parties so that the land can be transferred. traded and used personally.

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