PENYELESAIAN SENGKETA TANAH ADAT SUKU MELAYU DATUK MUDO DI KABUPATEN KAMPAR

Abstract

Basically, ulayat land is a ulayat right for customary law communities,
which according to customary law ulayat rights can only be owned together, used
together and used together. ulayat land may not be owned individually, because
basically ulayat land cannot be sold, given, or pawned to anyone. However, in
reality there are cases of selling ulayat land of the Malay Datuk Mudo by the
nephew of the Malay tribe of Datuk Mudo. The purpose of writing: first : to find
out the regulation regarding the transfer of ulayat rights of the Malay Datuk
Mudo indigenous peoples according to customary law. Second : knowing how to
resolve disputes over customary land of the Malay Datuk Mudo tribe according to
customary law. This type of research can be classified in the type of sociological
research. This research was conducted in Sei Jernih Hamlet, Pasir Sialang
Village, Bangkinang District, Kampar Regency. The population and sample are
the parties related to the problems studied by the authors in this study. Collecting
data by interview method and library study.
From the results of the research problem there are two main things that
can be concluded. First: The ownership of customary land rights for the Malay
Datuk Mudo indigenous peoples basically cannot be transferred or traded, or
mortgaged, which has been explained by ninik mamak based on existing
customary law regulations or based on national regulations that have been set. by
the Kampar Regency Government. Except based on the conditions and coercion of
the customary leader through consultation with traditional officials, religious
scholars, and ninik mamak. Second: The dispute resolution carried out in this
study has reached the point of deliberation and consensus. In which this
deliberation was carried out with traditional officials, ninik mamak, religious
scholars, government and the indigenous Malay tribal community, Datuk Mudo.
However, the dispute over the customary land of the Datuk Mudo Malay tribe in
Kampar Regency has not been resolved.
Key words: Transfer of ulayat rights- ulayat land