ALIH FUNGSI TANAH ULAYAT UNTUK PEMBANGUNAN PERUMAHAN BERSUBSIDI DI NAGARI SARILAMAK KECAMATAN HARAU KABUPATEN LIMA PULUH KOTA

Abstract

Ulayat land is a plot of land on which there are customary rights of a certain customary law community. Regional Regulation of West Sumatra Province Article 2 paragraph (1) Regional Regulation of West Sumatra Province Number 6 of 2008 concerning Ulayat Land and Its Utilization, states that the main principle of ulayat land is permanent based on the Minangkabau customary philosophy 'jua doesn't eat bali, mortgage doesn't eat sando where ulayat land may not be traded and mortgaged. This research is to explore how the process of procuring communal land, determine the legal validity of buying and selling customary land in an empirical juridical manner. Basically, customary land or customary land in West Sumatra cannot be traded based on West Sumatra Regional Regulation Number 6 of 2008 and ownership cannot be changed or transferred. But in reality, in Sarilamak District, Harau District, Lima Puluh Kota District, there is a plot of customary land or ulayat land that the community exchanged and changed its ownership status to into subsidized housing.