Customary Land (Tanah Ulayat) in West Sumatra

As explained above, that ulayat land is not an object of land registration, but based on the provisions of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 5 of 1999 in Article 4 paragraphs (1) and (2) it states that communal land can be controlled by individuals and entities by way of being registered as land rights if desired by the rights holder, namely members of the customary law community according to the provisions of the applicable customary law.

Then by government agencies, legal entities or individuals who are not members of the customary law community concerned, they can control the customary land after the land is released by the customary law community or by its citizens in accordance with the provisions and procedures of the applicable customary law.

Thus, it can be clearly seen that ulayat land can be controlled by individuals and legal entities, even though ulayat land is the ulayat right of customary law communities that cannot be divided and must be respected for the sake of national unity and beloved homeland in accordance with the mandate of the UUPA Article 3.

Confuse customary law communities with the absence of legal certainty for the protection of their rights.

Furthermore, the West Sumatra Regional Government has ratified Regional Regulation No. 6 of 2008 concerning Communal Land and its Utilization.

As an area that still has a lot of ulayat land, of course, a regional regulation is needed so that there is no conflict between communities regarding this ulayat land.

(RM)