Eksistensi Tanah Adat (Ulayat) dalam Sistem UUPA

Abstract

The relationship between land and human being is very closed because, in fact, all of life and live hood need land. It is primary for the agricultural society that assume that land is a primary source of life. Generally, the land at Agam be occupied by Ulayat right. The existence of Ulayat Land have a differences compared to the ulayat land in another region in Indonesia, because there are three degree of ulayat land, namely: 1. Ulayat Nagari 2. Ulayat Suku 3. Ulayat Kaum/Paruik. where each level have position and the different role in land law. UUPA No.5 1960 establish a justification of ulayat land existence and customary law for the Indonesian peoples. ulayat land in The existence of Minangkabau ethnics specially for Agam be managed by an institution that known as Lembaga Kerapatan Adat Nagari (LKAN). According to the above condition, so the data and information about the existence of customary land (ulayat) at Agam Regency be obtained by a descriptive qualitative and dialysis research through normative sociology approach. Data be obtained by interview and questioner. The sample of respondent be drawn through Purposive method and Random Sample. The document research and direct observation to the research location be performed to obtain the accurate data. From the research be obtained; 1. The existence of customary land (ulayat) still be maintened at Agam regency. This is caused by the recognizing of UUPA either to the ulayat land or to the traditional law and the society hold the traditional law. 2. The ulayat land at Agam be regulated by traditional law and according to the UUPA system as a regulation to regulate the aggrarian matters. 3. The position of Niniak Mamak and KAN is very strong, particularly in order to coordinate, to manage and to solve the dispute of ulayat land.