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Applicable Local Number 6 In 2008

Original Language Title: Peraturan Daerah Nomor 6 Tahun 2008

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REGULATION OF WEST SUMATRA PROVINCE NUMBER 6 IN 2008

ABOUT THE LAND OF ULAYAT AND ITS USE

WITH THE GRACE OF THE GOD ALMIGHTY

THE GOVERNOR OF WEST SUMATRA

Weighing: A. that in the Law of Number 32 of 2004 on the Government of the Regions stated that the area of authority regulates and takes care of the interests of the local community according to its own initiative based on the aspirations of the people in the Union of Union bonds. Republic of Indonesia;

b. that in the Province of West Sumatra there are lands in the community environment the customary law of dealing, mastery, ownership and heating based on the provisions of local customary law;

c. that under consideration as a letter a and b, it is necessary to establish guidelines that can be used as a handle in setting and utilization of the ulayat land with a Regional Regulation of West Sumatra Province.

Mengigat: 1. Law Number. 61 Year 1958 on Appointments Invite Invite

Emergency Number. 19 Year 1957 on the Establishment of Areas Swatantra I Sumatra West, Jambi and Riau to Invite-Invite (State Sheet of the Republic of Indonesia of the Year 112, Additional Gazette Republic of Indonesia Number. 1646) Jo Government Regulation Number. 29 Years 1979;

2. Law Number. 5 Years 1960 on the Basic Law of Pokok-principal Agrarian (State of the Republic of Indonesia 1960 number. 104, Additional Gazette of the Republic of Indonesia Number. 2043);

3. Law Number. 41 Years 1999 on Forestry (sheet Of State Of The Republic Of Indonesia In 1999 Number. 167, Extra Sheet Of State Of The Republic Of Indonesia Nomor.3888);

4. Law Number. 10 Years 2004 on the Establishment of the Laws (sheet of State of the Republic of Indonesia of 2004 No. 53, Additional Gazette of the Republic of Indonesia Number. 4389);

5. Law Number. 32 Year 2004 on Regional Governance (Sheet State Republic Of Indonesia 2004 Number. 125, Additional Gazette State Republic Indonesia Number. 4437), as has been several times amended, last by Act Number. 12 Years 2008 on Second Change Act Number. 32 Year 2004 on Regional Governance (Sheet State Republic Indonesia 2008 Number. 59, Additional Gazette Republic of Indonesia Nomor.4844);

6. Law Number. 33 Year 2004 on Financial Balance Between the Central Government and the Local Government (State Gazette Indonesia Year 2004 Number. 126, Additional Gazette of the Republic of Indonesia Nomor.4438);

7. Law Number. 25 Years 2007 on Capital Cultivation (State Sheet Of Republic Of Indonesia Year 2007 Number 26, Additional Sheet Republic Of Indonesia Number. 4724);

8. Law Number. 26 Year 2007 on the Alignment of the Space (State Sheet of the Republic of Indonesia Year 2007 Number. 68, Additional Gazette Republic of Indonesia Number. 4725);

9. Government Ordinance Number. 28 Year 1985 on Protection of Forest (Sheet State Republic Of Indonesia In 1985, Number. 39, Additional State Sheet Republic Indonesia Number. 3294);

10. Government Regulation Number. 6 Year 1988 on Coordinating Vertical Institution Activities in Regions (State Sheet Indonesia Year 1988 Number. 10, Additional Gazette Republic of Indonesia Number. 3373);

11. Government Regulation Number. 40 Years 1996 on the Right of Guna Effort, Right Guna Building and Rights Use (sheet state of the Republic of Indonesia Number. 58, Additional Gazette Republic of Indonesia Number. 3643);

12. Government Ordinance Number. 24 Year 1997 on Land Registry (Sheet State Indonesia Number. 3696);

13. Government Regulation No. 38 Years 2007 on the Partition of Government Affairs between Government, Provincial Government and Regional Governments/City (Sheet of State of Republic of Indonesia in 2007 Number. 82, Additional Sheet of State Republic of Indonesia Number. 4737);

14. Presidential Rule Number. 36 Years 2005 on Procurement Of Land For Implementation Of Construction For General Interest;

15. Presidential Decree Number. 34 of 2004 on the National Policy of the Field of Tanahan;

16. Regulation of the Minister of State Agrarian/Head of the National Security Agency Number. 5 Year 1999 on the Convention on the Settlement of the Rights of Ulayat Law Society of the Adat Law;

17. West Sumatra Propinsi Rule Number. 2 Year 2007 on the principal of the nagari government.

with the Joint Agreement

THE PEOPLE REPRESENTATIVE COUNCIL OF WEST SUMATRA PROVINCE AND

GOVERNOR WEST SUMATRA

DECIDES ESTABLISHES: WEST SUMATRA PROVINCIAL REGIONAL REGULATIONS ON LAND

ULAYAT AND ITS MONITORING.

BAB I provisions of UMUM

Article 1 In this Regional Regulation referred to as: 1. The Regional Government of West Sumatra. 2. The next Regional People's Representative Council (DPRD) is the DPRD

The Province of West Sumatra. 3. The Governor is the Governor of West Sumatra. The Government of the Regency/City is the Government of the Regency/City in the environment

The Province of West Sumatra. 5. Nagari is a unity of indigenous law in the Province of West Sumatra

consisting of tribes and groups of tribes, has a region with certain boundaries.

6. The rights of the Ulayat are the possession and property rights of the land and the natural wealth above and in it are controlled collectively by the indigenous law society of West Sumatra Province.

7. The land of Ulayat is the field of the heirloom and natural resources that are on it and in it it is granted hereditary rights of indigenous laws in the Province of West Sumatra.

8. The land of Nagari is the land of the land and the natural resources of the land, and is the right to be taken by the people of the Nagari, and to the benefit of the nagari people, and the people of the land. The Nagari government acted as the governing party for its use.

9. The land of the Tribe of the Tribe is the property of the land and the natural resources above and within it is the collective property of all certain members of the tribe whose mastery and display is governed by the tribal blasphemers.

10. The land of the people is a property of the land and the natural resources of the land, and it is the property of all members of a clan that is composed of a paruits, whose mastery is governed by a master's mamak. An heir.

11. The land of the Ulayat Rajo is the property of the land and the natural resources above and its mastery is governed by the oldest men of the mother line who are currently living in the dragon's house. Province of West Sumatra.

12. He is the leader of the tribe and the heirloom of the land, and the treasures of the land.

13. The Mamak Heir or other appellate is the eldest male or the one to be in jurai/paruik in one of his people.

14. The Customary Law is a normative rule that is poured in a form of sentence or word-a word that exalt public life with nature, understood by the public as a moral binding rule with sanctions that are in place of the laws of the people. clearly, neither written nor written.

15. Nagari's customary densities or other similar names are Nagari's Institute of Consultative and Indigenous Consensus Institutions that have existed and are hereditary throughout the indigenous peoples of the Nagari society of West Sumatra, where they are also known as the Nagari Council of Representatives. Furthermore, the rules of this area are abbreviated as well.

16. The handover of the Rights of Ulayat is the process of diversion of possession and property of the land of ulayat of ninik mamak, the ruler of the tribe and the mamak of the inheritance based on the deliberations and mufakat with the niece of the niece to the other party for the cause. managed with the system for results in accordance with customary law provisions poured in agreements made by the land deed maker ' s officials.

17. A Location license is a permit issued by the Regent/Mayor granted to a person or legal entity to obtain a land management right.

18. The Bauntuak ganggam is the forearm of the land of the people by the mother's heir hierarchically according to the mother line for the cultivation of crops, housing and other endeavour where his heir oversaw the use of the land. That land

19. The dispute over the land of Ulayat is a legal dispute over the land of the ulayat between the two disputing parties, the ruler and the landowner or landowner with the other.

20. The pawn of the Land is pawnning according to Minangkabau customary law as one of the transfer forms of the management rights of the land of the ulayat.

21. The District/Town Office is the National Board of Transportation in the District/City.

BAB II

AZAS, BENEFITS AND PURPOSES Article 2

(1) The main azas of the ulayat land are fixed by the Minangkabau tradition of 'jua ndak eating bali, paws ndak eating sando';

(2) Azas utilization of ulayat land is a greater benefit for the benefit of indigenous people, justice and responsibility in accordance with the falsafah Adat Basandi Syara 'Syara' Basandi Kitabullah;

(3) the Unilateral Azas of which is the right of the ulayat land inheritance that applies in a kinship according to the Mother lineage;

Article 3 (1) The primary objective of the utilization of the land is to improve the welfare

and the prosperity of the indigenous peoples; (2) Utilization of the land of ulayat by other parties that are not citizens of the customary law

concerned with the principle of mutual benefit and sharing the risk of a custom 'customary limbago-filled with mufakat' through deliberation;

(3) If the land of the ulayat is no longer utilized by the legal entity. And other individuals, the land returned to the rulers or owners of the original land, still paying attention to the concerned rights associated with the land of the ulayat.

Article 4

The purpose of the the setting of the land of the ulayat and its heating is to keep the existence of the According to the law of the Minangkabau customs, and taking advantage of the land including natural resources, for the survival and life of the hereditary and unbroken life between the indigenous peoples of the law and the region concerned.

BAB III TYPE, RULER AND EARTHENVIEW OF ULAYAT

Article 5 The type of Ulayat Land consists of the Nagari Ulayat Land, the Ulayat Land and the Ulayat Land of Rajo.

Article 6

(1) The rulers and landowners of the ulayat as referred to in Article 5 are: a. Ninik mamak KAN for the Land of Ulayat Nagari; b. The Chiefs represent all members of the tribe as landowners

Ulayat Tribes, each of the Tribes in Nagari; c. The Mamak Heir represents a member of the respective jurai/paruik as

the owner of the Ulayat Land in the People. D. The eldest male heir of the rajo represents a member of the mother line

is the landlord of the rajo. (2) The control and ownership arrangements of the ulayat land as referred to in

Article 5 based on the norms of the Minangkabau customary law and other desigcountries, which are further set forth by the District/City Regional Rules.

BAB IV ULAYAT LAND FUNCTIONS AND FUNCTIONS

Article 7 (1) The Ulayat Nagari Land is based on the reserve land of the nagari indigenous peoples,

The mastery as well as the arrangement is performed by ninik mamak KAN together The Nagari government is in accordance with the laws of the Minangkabau customs and can be poured into the nagari ordinance;

(2) The Land of the Tribe of the Tribe as a reserve ground for certain tribal members in the nagari, the mastery and the arrangement is performed by the local authorities. And the chief of the tribes of the tribes of the tribe of the tribe of the tribe of the tribe of the tribe of the The minangkabau.

(3) Land of the Ulayat People as a land directed by the status of the bauntuak bauntuak by the members of the members whose rules are performed by Mamak Chief Waris in accordance with the Minangkabau customary law;

(4) The Land of Ulayat Rajo is based as a land directed by the status of the bauntuak pagang bamansiang by members of the hereditary rajo's relatives whose rules are performed by the eldest male heir of the rajo in accordance with Minangkabau customary law;

(5) Ulayat Land have a social and economic function.

BAB V REGISTRATION AND LEGAL SUBJECT LAND OF ULAYAT

Article 8 To guarantee the legal certainty and purpose of providing the provisions of pertanate information, the land of the ulayat as referred to in Article 5 may be registered in the Regency/City Office provided with the provisions: a. Against the Land of Ulayat Nagari may be registered, which acts as a subject

The rights holder is a ninik mamak is known to the Nagari Government with the rights of the Guna Effort, the Use Rights or the Rights of Management;

b. Against the Land of the Tribe of the Tribe can be registered, as the subject of the rights holder is the Penghulu-penghulu Tribe, with the status of the property.

c. Against the Land of the Ulayat People can be registered, as the subject of the rights holder is a member of the clan and the mamak of the heir, with the status of property rights.

d. Against the Land of Ulayat Rajo can be registered, as the subject of the rights holder is a member of the people and the third party, known to the eldest male heir of the rajo, with the status of wear and governance rights.

e. Against the part of the Land of the Ulayat which is given permission by the ruler and the owner of the land to a person who is continuously executed and is already open as a source of life, if desired to be registered, upon meeting " "Custom in a Limbago in Tuang".

f. The terms and conditions of the land registration application as referred to in the letter a, shall be further governed by the Governor's Rule.

BAB VI

UTILIZATION AND USE OF THE LAND OF ULAYAT Article 9

(1) The use of Ulayat Land by members of the Adat Society can be performed on the knowledge and permission of the ulayat rulers in accordance with the provisions and manners of the customary law;

(2) The Ulayat Land's Expediency for the benefit of the Adat. the common can be done by means of submission of land by the ruler and the owner of ulayat based the agreement of the member of the Adat Society in question, in accordance with the terms of the conduct;

(3) the Ulayat maintenance for the benefit of the Law and/or individual may be performed under the Letter of the Company and the Management of the Company. The Ulayat land between the owner/control/mastery of the land of the customary community, with the legal entity and or of the individual in a particular term in the form of capital inclusion, for the results and or other forms agreed;

(4) The execution of provisions in verses (2) and (3), can be done after the legal entity And, or individuals who require the land of Ulayat, obtain the Location Permission to fit the use of the land with the local administrative plan of the local government in accordance with its authority;

(5) Terms and Conditions for the process as meant in verse (2) and (3) set further with the Governor ' s Rule.

Article 10 (1) Investors may utilize the ulayat land by co-laying the ruler and

the landowner based on the customary community deal concerned as a shareholder, for results and in other ways in the time specified in the agreement;

(2) the Agreement as referred to in paragraph (1) is made in writing in the presence of the Land/Notarized Acting Officer.

Section 11

If the agreement of the handover of possession and or proprietary rights to the enterprise and the management of the promised land as contemplated in Section 8 ends, then the status of the possession and or possession of the land back to its original form.

BAB VII SETTLEMENT OF THE ULAYAT LAND DISPUTE

Article 12 (1) The Ulayat Land Dispute in Nagari is resolved by a provision

throughout the customary, ' bapromise ang naig And the border shall be brought down, and the way of peace shall be in the way of peace, and of the assembly of the people. the form of a peace decision;

(2) If the decision of peace is not accepted by the disputable party as referred to in paragraph (1) then the disputable parties may submit its passage to the State Court;

(3) The decision, which is referred to in verse (1) may be a legal consideration or a guideline for the Judge in taking a decision.

Article 13

(1) Disputed Land Dispute InterNagari, is resolved by the KAN between Nagari. concerned, according to the provisions of the customary applicable deliberations and the mufakat. in the form of peace;

(2) If no settlement is reached as specified in paragraph (1), then the District/City or Province Government may be required to become a mediator;

(3) If the settlement is not reached. as referred to in paragraph (2), may submit its course to the State Court.

BAB VIII

EXTENSION AND END THE LAND RIGHTS OF THE ULAYAT

Article 14 (1) Against the Ulayat Land is registered with Certain rights expire

may be extended, based on approval from the master and or the owner of the original land;

(2) Against the registered Ulayat Land as referred to in paragraph (1) ends, then the subsequent land utilization arrangement is exercised by the Government of the County/City to be handed over. to the rulers and or the owners of the original land.

Article 15 The soil setting, the Expediency and Registration of the Ulayat Land which is not yet set in this Area Regulation, shall be further set up with the District/City Regional Regulation accordingly Discretion.

BAB IX CLOSING provisions

Section 16

Things that are not quite set up in this Area Regulation as long as the technical implementation will be further set up with the Gubemur Regulation.

Article 17

This Regional Regulation begins to apply on the date It's an invitation. In order for everyone to know it, order the invitational of this Area Regulation with its placement in the Territory of West Sumatra province.

Set in Padang On 22 July 2008 GOVERNOR OF WEST SUMATRA Dto GAMAWAN FAUZI

UNDRASED in Padang On 22 July 2008 PROVINCIAL SECRETARY SUMATRA WEST dto DRS. H. YOHANNES DAHLAN THE MAIN TAMPER OF MUDYA, NIP. 410003662

LEAF AREA OF WEST SUMATRA PROVINCE OF 2008 NUMBER: 6