Application Of Indigenous Minangkabau On Dispute Settlement Certificate Property Rights To Land Between Peoples Indigenous Minangkabau

Abstract

Introduce: In West Sumatra, there are several registered lands, administered, and published its certificate by the National Land Agency is still identified as customary land-based on customary law. This condition results in disputes between the interests of individuals and/or indigenous peoples who feel disadvantaged over the issuance of certificates with the government. If this dispute cannot be resolved amicably, it can be resolved in the State Administrative Court. The purpose of this study is to find out the concept of the ideal application of Minangkabau customary law in the future in the Padang State Administrative Court Decision in resolving disputes over land ownership certificates between the Minangkabau Customary Law Community and the National Land Agency.Method: This research is classified as normative legal research which focuses on the case approach by analyzing the ratio decidendi or the reasons considered by the judge in making decisions by taking into account formal and material facts.Result: This study resulted in conclusions. Analysis of legal considerations that include formal aspects (exceptions) and material aspects (principal cases) has a level of accuracy that can achieve legal objectives, including justice, expediency, and certainty if it has a philosophical, sociological, and juridical basis that more in-depth on the Decision of the Padang State Administrative Court. discuss. the ideal concepts of implementing Minangkabau customary law in the future in the Padang State Administrative Court's decision are to apply customary law without excluding national law, promote substantive justice, judges must explore the values ​​of customary law and judges must consider facts and realities. the reality in society.