| Summary: | 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.
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