Seeing the uniqueness of the community and the level of customary law that exists on Minangkabau earth when compared to indigenous peoples in other regions in Indonesia, who still strongly uphold morality in addition to the law itself. The Roman proverb says, "Quid leges sine moribus", which means what is a law if it is not accompanied by morality?
Thus, the law will be meaningless without being imbued with morality, the law will be empty without morality.
The community in West Sumatra consists of an area called Nagari, based on the provisions of this regional regulation, article 1 paragraph (5), what is meant by Nagari is a customary law community unit in the Province of West Sumatra which consists of tribes and groups of tribes having areas with certain boundaries.
Thus, the type of ulayat land for the Minangkabau community is divided into 4 in accordance with Article 5 of this Regional Regulation, namely ulayat nagari land, tribal ulayat land, ulayat land, and rajo ulayat land.
In Article 1 of this regional regulation, it is explained that Nagari ulayat land is ulayat land along with the natural resources that exist above and in it is a right of control by the ninik mamak of the nagari adat density (KAN) and is utilized as much as possible for the benefit of the nagari community, while the nagari government acts as a party which regulates its use.
Tribal ulayat land is ownership rights to a plot of land and the natural resources above it and in it is the collective property of all members of a particular tribe whose control and utilization is regulated by tribal leaders.
The customary land of the people is the right of ownership to a plot of land and the natural resources above it and in it is the property of all members of the clan consisting of the jurai/paruik whose control and utilization is regulated by the mamak jurai/mamak of the head of the heirs.
The ulayat rajo land is the property right to a piece of land along with the natural resources located on it and in which the control and utilization is regulated by the eldest male from the maternal line who is currently still living in some nagari in West Sumatra Province.
Indeed, in the Minangkabau customary law community, the head of the heirs and mamak have an important position. So that they have the mandate to protect and maintain and use the customary land of their people for their common good.
Based on Article 1 of this regulation, it is explained that what is meant by penghulu is a leader in a tribe or tribe, he is the holder of ulayat rights over sako (leadership title) and pusako (inheritance in the form of ulayat land and property). Meanwhile, the head of the inheritance is the eldest male or the elder in the jurai/paruik in a family.
