Rights of the People as Owners of Ulayat Land That Has Been Sold and Sold in Dharmasraya Regency

Hak Kaum Sebagai Pemilik Tanah Ulayat yang Telah Diperjual Belikan di Kabupaten Dharmasraya

Abstract

Adat and syarak in Minangkabau enforce that the inheritance of people who have died is inherited by the heirs that is called inheritance. Heirlooms are divided into 2 (two), namely high heirlooms obtained with iron copper, and low heirlooms, obtained with gold copper. Acquisition of inheritance from more than four generations will result in the golden Tembillang inheritance being turned into iron springs. High inheritance in Minangkabau in a community in the form of communal land, which is the right of the people, which has now been transferred to people outside the community who are not in accordance with their social nature. The purpose of this paper is to determine the rights of the people as owners of high heirlooms over high heirlooms that have been traded. This research uses an empirical juridical approach. The data used are primary data obtained through interviews and secondary data obtained through library research. The result of this research is that the transfer of customary land rights to people outside the clan automatically makes the land registered, land registration carried out by private individuals certainly creates ownership rights for that person. As a result of the sale and purchase of ulayat land, the issuance of the land certificate with private property rights, this is a bad impact for the ulayat land and the loss for the community where the provisions of customary law will no longer apply to the land.