标题：Legal protection of customary rights under legal pluralism and its impact on the minangkabau society: An empirical study in the district of Lima Puluh Kota, West Sumatra
摘要：Two types of land are found in West Sumatra Province—private land known as state land and collective land known as communal land. In West Sumatra, this type of land is regulated by three strands of law: national law, regional law, and customary law that is upheld by Nagari, the smallest unit of government in West Sumatra. Despite the predominance of tanah ulayat throughout the province of West Sumatra, inconsistent and ineffective government policies and regulations have made its legal status and certification ambiguous. This study discusses customary right policies and their impact on the Minangkabau society. This study aims to address the issue of whether customary rights certification can guarantee the legal protection for communal land in West Sumatra, especially in Lima puluh Kota District, and whether communal land can return to its original status after it has been exploited as a state land (private land) by an investor under West Sumatra Regional Regulation No. 6/2008 on Communal Land Use. This is a socio-legal research drawing on both empirical and normative data analyzed qualitatively and presented in a descriptive evaluative form. The study reveals that the inconsistency between the central, regional, and Nagari governments in regulating customary rights has not only created ambiguity in the registration and certification of communal land, but it has weakened the legal protection of the customary law communities. This is exacerbated when in implementing norms, the authorities fail to capture the spirit of the constitution and/or customary norms, which makes it difficult for communal land to return to its original status once turned into a state land for business purposes. The study also reveals that the management of communal land is hindered by kinship structures in a matrilineal society, especially in the uncle- nephew/niece relationship.
关键词：Communal land
;tanah ulayat
;customary rights
;land registration
;land certificate
;legal protection
;Minangkabau adat community
