Concept of Communal Land Ownership in West Sumatra

Minangkabau ulayat land in the concept of ownership is included in a narrow sense, namely in the form of assets belonging to high heirlooms that have the power to apply internally or externally, whether they can be used by members of the community or outside the community by giving in the form of custom filled with limbago dituang (a gift in the form of money by a third party) who manage and control ulayat land, to the ruler and or owner of ulayat based on community agreement.).

The main principle of Minangkabau ulayat land is not to eat bali, pawn not to eat sando (ulayat land cannot be sold and pawned), but in an urgent situation it can be transferred/transferred temporarily such as Mait lying in the middle of the house (dead lying in the middle of the house), Rumah gadang ketirisan (traditional houses with leaky or damaged roofs), Gadih gadang indak balaki (adult girls who have no husband), or Bungkik Batang terandam (enforcing heirloom titles or appointing a penghulu).

In order to be able to carry out the transfer/transfer of the ulayat land, it must be with the agreement of all the members of the clan concerned.

If things like this continue to be allowed, in the future ulayat land will only be remembered as a name or just study/research material without having a clear legal certainty status and will slowly disappear from the Minangkabau lands in West Sumatra.

Things like this are certainly not in line with the mandate of Article 3 of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles.

Therefore, the implementation of West Sumatran customary law in national land law needs to be addressed together.

Gaps or problems with the implementation of customary law in West Sumatra can also be minimized.

(RM)