Anggelina Indri, Kartika Dewi Irianto

Perlindungan Hukum Tanah Ulayat Terhadap Perjanjian Hak Pakai Atas Tanah di Batipuh Kabupaten Tanah Datar

Introduction

Perlindungan hukum tanah ulayat terhadap perjanjian hak pakai atas tanah di batipuh kabupaten tanah datar. Telusuri perlindungan hukum tanah ulayat Minangkabau di Tanah Datar terhadap perjanjian hak pakai. Atasi risiko sengketa tanah adat dengan integrasi hukum adat & negara.

Abstract

This study aims to examine the forms of legal protection for tanah ulayat (customary communal land) utilized through hak pakai (right of use) agreements in the Batipuh area, Tanah Datar Regency, West Sumatra. In the context of Minangkabau customary law, tanah ulayat is a collective asset owned by a kaum (clan) or suku (tribe) and cannot be sold. However, in practice, many hak pakai agreements are conducted orally without formal documentation, which poses the risk of legal disputes and weakens the position of indigenous communities. This research employs an empirical juridical method, using sociological and customary law approaches, supported by field data obtained through interviews with the Kerapatan Adat Nagari (KAN), Wali Nagari (village head), and local government officials. The findings reveal that although oral agreements are recognized under customary law as a valid form of consensus, they lack evidentiary strength before the state legal system. The absence of written documentation weakens the legal standing of indigenous communities in cases of breach of contract or violations by land users. The KAN and Wali Nagari function as moral guardians and mediators in disputes but have no formal authority to enforce state law. To strengthen legal protection for tanah ulayat, it is essential to integrate customary law and state law through the legalization of customary agreements in written form, without undermining the principles of consensus and deliberation (musyawarah dan mufakat). Local regulatory reforms and the capacity building of customary institutions are key to ensuring the protection of indigenous peoples’ rights over tanah ulayat now and in the future.

Review

This study critically examines the intricate issue of legal protection for *tanah ulayat* (customary communal land) under *hak pakai* (right of use) agreements within the Minangkabau customary law framework in Batipuh, Tanah Datar Regency. The paper effectively identifies a significant vulnerability: the conflict arising from the customary recognition of oral agreements versus the state legal system's demand for written documentation. This core tension leaves indigenous communities susceptible to disputes and weakens their position, making the research highly relevant to understanding the challenges faced by customary landholders in hybrid legal systems. The abstract clearly sets the stage for a compelling analysis of a complex socio-legal problem. The research employs a robust empirical juridical methodology, integrating sociological and customary law approaches, which is appropriate for delving into the nuances of this intersectional topic. The strength of the study lies in its direct engagement with field data, obtained through interviews with key local stakeholders such as the Kerapatan Adat Nagari (KAN), Wali Nagari, and local government officials. This ground-up approach provides valuable insights into the practical application and limitations of both customary and state law. The findings lucidly highlight that while oral agreements hold legitimacy under customary law, they critically lack evidentiary power within the state legal system, rendering customary institutions primarily moral guardians and mediators rather than enforcers of formal law. The paper’s recommendations are particularly insightful, advocating for the crucial integration of customary and state law through the legalization of written customary agreements, crucially, without eroding the principles of consensus and deliberation. This forward-looking perspective, coupled with suggestions for local regulatory reforms and capacity building for customary institutions, offers actionable strategies to strengthen the legal standing of indigenous communities over their *tanah ulayat*. The study thus provides a valuable contribution to scholarship on customary land rights, offering practical implications for policymakers and legal practitioners striving to ensure equitable and effective legal protection for indigenous peoples in Indonesia and beyond.

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