KAJIAN YURIDIS JUAL BELI TANAH ULAYAT KAUM YANG BELUM BERSERTIPIKAT DI KECAMATAN KOTO BARU KABUPATEN DHARMASRAYA

• Main Authors: , LIZA USPIANI, , Prof. Dr. Sudjito, S.H., M.Si.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2013
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/120779/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=60817
• Institution: Universitas Gadjah Mada

The purpose of this research is to know the function of ulayat land clan as a high inheritance, the juridical practice study of ulayat land clan which are not certified in Koto Baru sub-district, Dharmasraya regency, and the right of clan as the owner of high inheritance land that has been traded. This research used empirical juridical approach method and hopefully it can give the description reflection. The collected data on this research were primary and secondary data. The primary data was taken from community through interview. And secondary data was taken from library research. Those data were analyzed qualitatively. The Finding of this research shows that how clan ulayat land has a social function for community. After doing legal acts of trading so that the right of a communal ulayat land has been missed and changed from the basic function (for community�s needs), become the full right from buyer (as the final holder). The trading of ulayat land clan is distinguished into two. First, the trading of ulayat land clan as a high inheritance, distinguished as trading of a field and the trading of a field followed by ulayat land grant. The second is the sale of ulayat land as a low inheritance land, distinguished becomes trading in the presence of PPAT and illegally trading. As long as the high inheritance only has a trading letter, the members of community are able to claim back the inheritance that has been sold by other parties, otherwise if someone got the land a grant from by the owner, then the member of clan cannot sue the status of land ownership that has given to someone through grants.