PENYELESAIAN SENGKETA JUAL BELI TANAH ULAYAT KAUM DI NAGARI KINALI KABUPATEN PASAMAN BARAT

Abstract

ABSTRACT

Customary communal land is a form of ancestral property that cannot be freely traded and may only be transferred through strict customary mechanisms. However, in practice, disputes over the sale and purchase of communal customary land still occur in Nagari Kinali. These disputes arise due to the transfer of land without the consent of the clan members and without following the proper customary procedures. The research problems in this study are: 1) How is the role of Ninik Mamak in resolving disputes over the sale and purchase of communal customary land in Nagari Kinali, West Pasaman Regency; 2) What obstacles are faced by Ninik Mamak in resolving such disputes; and 3) What efforts are made by Ninik Mamak to resolve these disputes.This research employed a sociological juridical approach. The data sources consisted of primary and secondary data, collected through interviews and document studies. The collected data were analyzed qualitatively.The results of the study show that: 1) Ninik Mamak plays a primary role in resolving disputes through customary deliberation and by tracing the origin and status of the land; 2) the obstacles faced include differences in statements among the parties, intervention from external parties, and limited administrative evidence; and 3) preventive efforts are carried out through strengthening the role of customary institutions, coordinating with the nagari government, and improving the documentation and registration of land. Therefore, customary mechanisms remain effective as long as they are supported by orderly administration and cooperation among institutions.