CD Skripsi
Pembentukan Nagari Di Provinsi Sumatera Barat Dikaitkan Dengan Pengakuan Negara Terhadap Masyarakat Hukum Adat
ABSTRACT
Article 18B Paragraph (2) of the 1945 Constitution of the Republic of
Indonesia which reads "The State recognizes and respects customary law
community units and their traditional rights as long as they are still alive and in
accordance with the development of society and the principles of the Unitary State
of the Republic of Indonesia, which are regulated in law". One of the customary
law community units is the nagari in West Sumatra Province.
Nagari in West Sumatra Province there are many intersections and
misinterpretations in the formation of nagari. Nagari follow customary village
regulations in Law Number 6 of 2014 concerning Villages. Meanwhile, according
to Decision Theory in Customary Law, customary stakeholders have formed such
an arrangement for each customary law community unit that has the right to
regulate and manage their own household.
This type of research is a type of normative research, this research focuses
on examining the level of legal synchronization. Sources of data used secondary
data, data collection techniques in this study with the method of literature review,
then analyzed to draw conclusions.
The results of the study can be concluded that the nagari in West Sumatra
Province meet the criteria as a unitary community of customary law. The
formation of nagari in West Sumatra Province is in a dilemma because of the
intersection of customary law with state law, as a result at present there is a
dualism in the formation of nagari, namely administratively and in an original
arrangement or customary limbago. The urgency of the formation of a nagari
based on Minangkabau Customary Law in West Sumatra Province is very much
an example of improving the socio-cultural life in the nagari community,
increasing local traditional values in the nagari by giving more legal power to the
customary law community which leads to the fulfillment of the autonomous rights
of the community. nagari.
Keywords : Formation of Nagari – State Recognition – Customary Law
Community
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