The Uniqueness of the Minangkabau Community

This regional regulation clearly mentions the registration of ulayat land and even becomes a special chapter in this regional regulation, namely Chapter V Article 8 by explaining who is the holder of customary land rights in each nagari, tribe, clan and rajo.

What is very unfortunate in Article 8 letter e states that the ruler and owner of ulayat land can give a share of ulayat land to individuals and it can be registered because it is done continuously and becomes a source of life.

To achieve an order in society, it is necessary to have certainty in the interaction between humans in society. What needs to be understood together, disputes/conflicts will be prone to occur if there is no legal certainty in the form of clear legal rules regarding ulayat land.

Of the many articles in this regional regulation, the position of the penghulu and mamak head of heirs will be vulnerable to temptation for any party to control customary land, although it can be understood at a glance that this regulation aims so that investors/entrepreneurs do not need to be afraid to invest their business capital/investment in Minangkabau land due to traumatized by the endless ulayat land disputes in West Sumatra, and the local government of West Sumatra seems to have let go of the existing problems by submitting this dispute to the court if it cannot be resolved by deliberation and consensus at the KAN level.

If indeed this regional regulation is intended to resolve disputes, then articles that respect customary land should not be dominated by ulayat lands as unifying nieces and nephews or family members of indigenous peoples and even being divided into individual property rights and legal entities and sold out. until their local identity began to fade and one by one family members and nephews went abroad and did not take care of the ulayat land.

(RM)