Recognition of Customs in the UUPA

Oct 13, 2025 by wbrum.org 117 views

The Existence of Customary Land (Ulayat) in the UUPA System: Cases in Agam Regency

Human Relations with Soil: A Closer Look

Human relations with soil are very close and intimate. Land is a source of life and livelihood, especially for agrarian society. In Agam Regency, West Sumatra, the existence of customary land has unique characteristics compared to other regions in Indonesia. This is because there are three levels of customary land:

**Ulayat Nagari: ** Land owned by all residents of a nagari (traditional village).
**Tribe customs: ** Land owned by members of a tribe in the nagari.
**Individual ownership: ** Land owned by individual members of the community.

Each level has a different position and role in customary land law. The recognition of customary land in the UUPA system is crucial in understanding the dynamics of land ownership and management in Agam Regency.

Recognition of Customs in the UUPA

Agrarian Law (UUPA) Number 5 of 1960 recognizes the existence of customary land and customary law for the people of Indonesia. In the UUPA system, customary land in Agam Regency is regulated and managed by the Nagari Customary Density Institute (LKAN). Lkan is a traditional institution that plays an important role in regulating and resolving customary land disputes.

The UUPA system provides a framework for the recognition and management of customary land. However, the implementation of this system is often challenged by the complexities of customary land ownership and management. The recognition of customary land in the UUPA system is essential in maintaining social justice and the sustainability of the life of indigenous peoples.

Research and Findings

Research conducted using qualitative descriptive methods and sociological normative analysis shows that customary land in Agam Regency still exists and is recognized by the community. This is shown by:

**Recognition of the UUPA and Society: ** The community still upholds customary law and the UUPA recognizes the existence of customary land and customary law that applies in the community.
**Customary regulations: ** The customary land in Agam Regency is regulated by customary law and the UUPA system as a regulation that regulates agrarian issues.
**Community involvement: ** The community is actively involved in the management and regulation of customary land, ensuring that the land is used in a sustainable and equitable manner.

Additional Analysis and Explanation

The existence of customary land in Agam Regency shows that the customary legal system is still relevant and can live side by side with the national legal system. The development and preservation of customary law is important to maintain social justice and the sustainability of the life of indigenous peoples.

This study shows that recognition of customary land in the UUPA system has provided space for indigenous peoples to regulate and manage their customary land. However, the challenges faced in maintaining the existence of customary land in Agam Regency are:

**Economic Pressure: ** The emergence of various economic interests that encourage the conversion of customary land and threaten the sustainability of the environment and culture of indigenous peoples.

***Generation Change: ** The younger generation may be less familiar with customary law and the important role of customary land in people's lives.

Strengthening the Role of LKAN

It is essential to strengthen the role of LKAN in managing and resolving customary land disputes. LKAN can play a crucial role in mediating disputes and ensuring that customary land is used in a sustainable and equitable manner.

Conclusion

The existence of customary land in Agam Regency is a unique aspect of the region's cultural and social heritage. The recognition of customary land in the UUPA system is essential in maintaining social justice and the sustainability of the life of indigenous peoples. However, the challenges faced in maintaining the existence of customary land in Agam Regency are significant, and it is essential to strengthen the role of LKAN in managing and resolving customary land disputes.

Recommendations

Based on the findings of this study, the following recommendations are made:

Strengthen the role of LKAN: LKAN should be strengthened to play a more active role in managing and resolving customary land disputes.
Increase community involvement: The community should be actively involved in the management and regulation of customary land to ensure that the land is used in a sustainable and equitable manner.
Promote customary law: Customary law should be promoted and recognized as an essential aspect of the region's cultural and social heritage.
Address economic pressure: Economic pressure should be addressed to prevent the conversion of customary land and ensure the sustainability of the environment and culture of indigenous peoples.

By implementing these recommendations, the existence of customary land in Agam Regency can be maintained and strengthened, ensuring the sustainability of the life of indigenous peoples and the cultural and social heritage of the region.
Frequently Asked Questions (FAQs) about Customary Land in Agam Regency

Q: What is customary land?

A: Customary land, also known as "Ulayat" in Indonesian, refers to land that is owned and managed by the community according to their traditional laws and customs. In Agam Regency, customary land is an essential aspect of the region's cultural and social heritage.

Q: How is customary land managed in Agam Regency?

A: Customary land in Agam Regency is managed by the Nagari Customary Density Institute (LKAN), a traditional institution that plays an important role in regulating and resolving customary land disputes.

Q: What are the benefits of customary land in Agam Regency?

A: The benefits of customary land in Agam Regency include:

Sustainable land use: Customary land is managed in a sustainable manner, ensuring that the land is used in a way that maintains its fertility and productivity.
Community involvement: Customary land is managed by the community, ensuring that the land is used in a way that benefits the community as a whole.
Cultural preservation: Customary land is an essential aspect of the region's cultural heritage, and its management helps to preserve the community's traditional laws and customs.

Q: What are the challenges faced by customary land in Agam Regency?

A: The challenges faced by customary land in Agam Regency include:

Economic pressure: The emergence of various economic interests that encourage the conversion of customary land and threaten the sustainability of the environment and culture of indigenous peoples.
Generation change: The younger generation may be less familiar with customary law and the important role of customary land in people's lives.

Q: How can the government support customary land in Agam Regency?

A: The government can support customary land in Agam Regency by:

Recognizing customary law: The government should recognize customary law as an essential aspect of the region's cultural and social heritage.
Providing support for LKAN: The government should provide support for LKAN, including funding and resources, to enable the institution to effectively manage and resolve customary land disputes.
Promoting sustainable land use: The government should promote sustainable land use practices, including agroforestry and permaculture, to ensure that the land is used in a way that maintains its fertility and productivity.

Q: How can the community support customary land in Agam Regency?

A: The community can support customary land in Agam Regency by:

Participating in LKAN: Community members should participate in LKAN, including attending meetings and contributing to decision-making processes.
Promoting customary law: Community members should promote customary law and the importance of customary land in people's lives.
Supporting sustainable land use: Community members should support sustainable land use practices, including agroforestry and permaculture, to ensure that the land is used in a way that maintains its fertility and productivity.

Q: What is the future of customary land in Agam Regency?

A: The future of customary land in Agam Regency is uncertain, but it is essential to recognize the importance of customary land in maintaining the region's cultural and social heritage. By supporting LKAN and promoting sustainable land use practices, the community can ensure that customary land continues to play an essential role in the region's development.