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PENYELESAIAN SENGKETA TANAH ADAT SUKU MELAYU DATUK MUDO DI KABUPATEN KAMPAR FATTIAH NAMIROH; Rika Lestari; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Basically, ulayat land is a ulayat right for customary law communities,which according to customary law ulayat rights can only be owned together, usedtogether and used together. ulayat land may not be owned individually, becausebasically ulayat land cannot be sold, given, or pawned to anyone. However, inreality there are cases of selling ulayat land of the Malay Datuk Mudo by thenephew of the Malay tribe of Datuk Mudo. The purpose of writing: first : to findout the regulation regarding the transfer of ulayat rights of the Malay DatukMudo indigenous peoples according to customary law. Second : knowing how toresolve disputes over customary land of the Malay Datuk Mudo tribe according tocustomary law. This type of research can be classified in the type of sociologicalresearch. This research was conducted in Sei Jernih Hamlet, Pasir SialangVillage, Bangkinang District, Kampar Regency. The population and sample arethe parties related to the problems studied by the authors in this study. Collectingdata by interview method and library study.From the results of the research problem there are two main things thatcan be concluded. First: The ownership of customary land rights for the MalayDatuk Mudo indigenous peoples basically cannot be transferred or traded, ormortgaged, which has been explained by ninik mamak based on existingcustomary law regulations or based on national regulations that have been set. bythe Kampar Regency Government. Except based on the conditions and coercion ofthe customary leader through consultation with traditional officials, religiousscholars, and ninik mamak. Second: The dispute resolution carried out in thisstudy has reached the point of deliberation and consensus. In which thisdeliberation was carried out with traditional officials, ninik mamak, religiousscholars, government and the indigenous Malay tribal community, Datuk Mudo.However, the dispute over the customary land of the Datuk Mudo Malay tribe inKampar Regency has not been resolved.Key words: Transfer of ulayat rights- ulayat land
praktik jual beli tanah menggunakan kwitansi tanpa akta ppat: dampak hukum dan kendala peralihan hak (studi kasus putusan nomor 10/pdt.g/2024/pn.lht) Fattiah Namiroh; Arsin Lukman
Media Bina Ilmiah Vol. 19 No. 8: Maret 2025
Publisher : LPSDI Bina Patria

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Abstract

The practice of land sale and purchase in Indonesia should comply with land law provisions, requiring a sale and purchase deed issued by a Land Deed Official (PPAT). However, in reality, many land transactions are conducted solely based on a receipt without a PPAT deed, leading to various legal issues. This study aims to analyze the validity of receipts as evidence in land sale transactions and the legal protection available to buyers in transactions without a PPAT deed. This research employs a normative juridical method, using a statutory approach and a case study of Decision Number 10/Pdt.G/2024/Pn.Lht. The findings indicate that while a receipt can serve as proof of transaction, its legal strength is significantly weaker than an authentic deed. Consequently, buyers lack legal certainty regarding land ownership transfers and are at risk of ownership disputes. Additionally, limited legal knowledge and the perception of high administrative costs are the main reasons why people still engage in transactions without a PPAT deed. Therefore, increasing public legal awareness and simplifying administrative procedures for executing sale and purchase deeds are essential to ensuring legal protection and certainty over land rights.