IJEBMR
ISSN: 2456-7760

Title:
WAKAF COMMUNAL LAND DISPUTE RESOLUTION IN WEST SUMATRA WITH REGARD TO NATIONAL LAW

Authors:
Yulia Mirwati, Yontri Faisal, Indonesia

Abstract:
West Sumatra as the main pillar of the existence of communal land, which is officially recognized in the Article 3 of the Basic Agrarian Law. Indonesian agrarian reform has a special characteristic of "concept of rights" called "ulayat". This can be seen from the history of the establishment of the Basic Agrarian Law, which protects customary rights. The existence of customary rights is in line with the concept of customary law, which is used as the basis for the establishment of the Basic Agrarian Law (Article 5). The concept of customary law and ulayat with in the Basic Agrarian Law shows the values, norms, religious and communal aspect of the Indonesian people. This has been integrated in the Pancasila and the 1945 Constitution. The state is given the highest authority to regulate agrarian affairs based on Article 33 paragraph 3 of the 1945 Constitution in conjunction with Article 2 of the Basic Agrarian Law. One of these characteristics is found in the property rights of wakaf. In the implementation of wakaf faces several problems including inability of the community to understand the provisions and administrative processes of wakaf and the lack of provisions on communal land wakaf. This can be trigger wakaf disputes. This paper shows that norms, values, interests, needs, relationships and information including structures are some of the factors of the wakaf of ulayat land disputes. The dispute resolution model is carried out with customary deliberations, and bringing it to court is the last strategy of dispute resolution, which rarely takes place in West Sumatra.

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