Pendaftaran Tanah Adat untuk Kepastian Hukum Kepemilikan Tanah di Kota Pariaman

Abstract

Most of the land owned by customary society in Pariaman known as Customary Communal Land (Ulayat Kaum) has not been registered due to the difficulties in obtaining the authentic notarial deed of customary communal land, which is one of the mandatory requirements for land registration to obtain legal certainty. The objectives of this research are hone about the process of customary communal land registration by cusumary society to obtain legal certainty for the land ownership in Pariaman why customary communal land in Pariaman has not been registered and what obatacies encountered by customary society in obtaining the authentic notarial deed of puks tinggi (high ranked inherited wealth) as one of the requirements to register customary communal land to obtain legal certainty for land ownership in Pariaman The empirical-juridical method is employed in this research to Identify a problem based on applicable legal aspects, while the empirical approach is an approach used to analyze or examine people's behaviors and attitudes toward the prevailing laws and regulations. It is concluded from the findings that the registration process of eatomary communal lond Pariaman includes: preparing the required document such as a copy of ID card. letter of transfer/release of land title, letter of statement of de facto possession of land letter of statement of land marking, letter of statement of land possession, letter of statement explaining that the land registered is not in dispute. letter of statement explaining that the land registered is not debt security and allotment, ownership application letter, and the files of notarial title addressed to the Head of National Land Authority through the Head of Land Office of Pariaman, paying non-tax state revenue (PNBP) of application fee, conducting the measurement and inspection of applicant's land, issuing the Dechion Letter (the Head of Land Office, Regional Office or National Land Agency of the Republic of Indonesia), Title Administration and Certificate Issuance. The reason why customary communal land in Pariaman has not been registered is due to the obstacles from the internal condition of Land Office, namely the limited budget to provide counseling regarding society awareness on Land Registration and the obstacle from the society who holds the title, namely the lack of understanding regarding the functions and uses of the certificate, society's assumption that the land registration requires expensive fee, society) assumption that certificate administration takes a long time to process, society's assumption that notarial title over the land possessed has a strong legal force. The barriers encountered by customary people in obtaining authentic notarial deed of the high ranked inherited wealth, as one of the requirements to register customary communal land to obtain legal certainty for land ownership in Pariaman, are that there are parties omitted in Ranji (lineage of the society), that not all members put their signatures in the Ranji, and that there is a dispute over landmarking