The “Social Advocacy” Model Of Wakf Land Settlements Of Minangkabau Province West Sumatra

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Onny Medaline , Irma Fatmawati , Siti Nurhayati

Abstract

Control over land in the Minangkabau community is regulated in customary regulations that are maintained and adhered to and carried out by the community from generation to generation properly so that if a conflict or dispute arises due to land, they will resolve it with customary regulations that exist in the community. Article 12 of Regional Regulation Number 6 of 2008 concerning Communal Land and Its Utilization, namely: "Ultimate land disputes in Nagari are resolved by the Nagari Adat Density (KAN) according to the provisions as long as the customs are in force, ascending and descending, and endeavored by way of peace through deliberation and consensus in form of peace decision. KAN has an important role in resolving customary land disputes. The settlement process in Minangkabau custom is a form of social advocacy model intended to provide an understanding that the form of problem-solving activities is carried out by involving and paying attention to values relating to the public interest. The findings in this study are that customary waqf land disputes do occur, especially over the customary lands of the people in the Nagari in the research location (Luhak Nan Tigo). As for the form of documented data on the occurrence of customary waqf land disputes, it is not found either at the lowest level in tribal society or at the level of the Traditional Density Institution in Nagari. In the Minangkabau community, the occurrence of customary land disputes, especially those on which there is waqf land, is considered something that will bring shame to the people of the people and is a taboo thing for their people. So that the occurrence of land disputes in the people of the people, efforts are made to resolve them first within the people and do not involve other parties outside the people.       

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