“CONTROL OF CIVIL RIGHTS: STUDY OF CHANGE IN ULAYAT LAND TENURE VALUE IN NAGARIKAYUTANAM - WEST SUMATRA”

Abstract

Ownership of ulayat land rights is not known for transfer of rights (transactions), because communally owned communal land cannot be transferred to other parties forever, however, preliminary research in the field shows that there are changes in the control of ulayat rights both evolutive and revolutionary with changing parameters. The six values ​​of customary land tenure are magical religious values, self-defense values, social kinship values, customary values, structural values ​​and socio-economic asset values. This research will answer whether there has been a change in the value of land tenure with customary rights in NagariKayuTanam West Sumatra and provide a concept of customary land tenure based on the values ​​of indigenous peoples. This study uses an empirical research method (socio legal research) with a sociological approach, namely a historical approach (historical approach) and a case approach. The theory used in this research is Eugene Ehrlich's living law theory and positive law theory whether these theories can interact to achieve legal objectives. The results of this study conclude that there have been changes in six land tenure values ​​as evidenced by the issuance of certificates of land rights which change the collective ownership status (communal) to individual ownership status and the interaction between laws, namely the interaction with the corporation into the right concept for communal land tenure for the future.