Juridical Analysis of Transitional Land Rights Unregistered in Dharmasraya Regency

DOI

10.2991/assehr.k.210304.127How to use a DOI?

Keywords

Juridial, Land Rights, Dharmasraya

Abstract

The purpose of this study is to determine the existence of the transfer of rights to customary land that has not been registered in the Dharmasraya district, how the rights of the people as owners of customary land that have not been registered to the high heritage heirlooms of people who have transitioned rights. This study uses an empirical juridical approach method which is expected to provide a descriptive description. Data collected in this research are primary data and secondary data. Where primary data is obtained directly from the community in the field through interviews, while secondary data is obtained from library research. All data obtained will be analyzed qualitatively.The results of this study indicate the existence of the transfer of customary land rights which have not been registered is getting higher, namely in the form of buying and selling, as evidenced by the existence of ulayat land as a high heritage heirloom where initially the customary land has a social function for its members, but after the transfer of rights in the form of buying and selling is done so that the communal rights of the communal land are lost and the function changes from the original function for social interests to the full rights of the buyer. The rights of the people as the owner of the communal land that has undergone the transfer of rights in the form of buying and selling with a letter of sale and purchase, members of the clan can claim back the communal land that has been bought and sold with that other party, if the transfer of rights is in the form of a grant from the customary owner, then the members of the clan cannot suing the status of land ownership obtained through the transfer of rights on a grant basis.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Ratih Agustin Wulandari
AU  - Mayroza Wiska
AU  - Wiwik Okta Susilawati
AU  - Raimon Efendi
AU  - Yulia Darniyanti
PY  - 2021
DA  - 2021/03/08
TI  - Juridical Analysis of Transitional Land Rights Unregistered in Dharmasraya Regency
BT  - Proceedings of the 1st Paris Van Java International Seminar on Health, Economics, Social Science and Humanities (PVJ-ISHESSH 2020)
PB  - Atlantis Press
SP  - 566
EP  - 570
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210304.127
DO  - 10.2991/assehr.k.210304.127
ID  - Wulandari2021
ER  -