CD Skripsi
Penyelesaian Sengketa Tanah Adat Suku Melayu Datuk Mudo Di Kabupaten Kampar
ABSTRACT
Generally, customary land is a customary right for indigenous peoples, which according to customary law customary rights are communal rights, used together and utilized together. Customary land cannot be owned individually, because basically customary land cannot be sold, granted, or mortgaged to anyone. However, in reality there is a case that selling the customary land of the Datuk Mudo Malay tribe carried out by the Malay tribal niece Datuk Mudo in Kampar Regency is not in accordance with the provisions of the applicable customary law.
This study has the purpose of writing: first: to find out the arrangements regarding the transfer of customary rights of the Malay indigenous tribe datuk mudo according to customary law. Second: knowing how to resolve customary land disputes of the Datuk Mudo Malay tribe according to customary law. This type of research can be classified as a sociological type of research. This research was conducted in Sei Jernih Hamlet, Pasir Sialang Village, Bangkinang District, Kampar Regency. The population and sample are the parties related to the problems studied by the authors in this study. Data collection by interview method and library study.
From the results of the problem research, there are two main things that can be concluded. First: The ownership of customary land rights of the indigenous people of the Datuk Mudo Malay tribe basically cannot be transferred or sold or mortgaged, which has been explained by ninik mamak based on existing customary law regulations or based on national regulations that have been set by the Kampar Regency Government. Except based on the conditions and compulsions of the traditional rulers through deliberation with traditional officials, alim ulama, and ninik mamak. Second: The dispute resolution carried out in this study has not found a solution from the parties. This negotiation was carried out with traditional officials, ninik mamak, alim ulama, the government and the indigenous law community of the Malay tribe datuk mudo. However, the issue of customary land disputes between the Datuk Mudo Malays in Kampar Regency has not yet been resolved.
Keywords:Trasnsition-Hak Ulayat-Tanah Ulayat
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