Conflict Around Cural Land Ownership in Nagari Simpang Tiga and Kinali Regency West Pasaman (1996-2024)

This research examines the ulayat land conflict in Nagari Kinali and Nagari Simpang Tiga from 1996 to 2024. The main issues discussed are the roots of the ulayat land ownership conflict, the period of the conflict, and its resolution. The research uses historical methods with four stages: heuristics, source criticism, interpretation, and historiography. Data was collected from various primary and secondary sources, including personal documents, archives, and interviews with traditional leaders and community members. Secondary sources include books, journals, theses, and newspapers. The research results show that the conflicts in Kinali and Simpang Tiga were caused by investors who did not fulfill their agreements with Ninik Mamak, such as not establishing plasma plantations. Conflict resolution is carried out through traditional deliberations and legal channels, but the court has not yet given a decision that the ninik mamak considers fair. This conflict still continues today with the dispute unresolved.


INTRODUCTION
Agrarian is a complete unity of the earth's surface, water and space.Included in agrarian natural resources are land and its fertility, forests, minerals, underground water sources, the sea and all types of surface water (Waskito, 2017).Land in Indonesia is regulated by the Basic Agrarian Law (UUPA) no. 5 of 1960 concerning Basic Regulations on Agrarian Principles, which incorporates customary law in its regulation.One of the aspects regulated is customary rights, as stated in Article 3 of the UUPA.This article states that the implementation of customary rights and similar rights of customary law communities must be in accordance with national and state interests, and must not conflict with higher laws and regulations.
One of the agrarian resources that is often used is land.The level of community welfare is measured based on national income, where an increase in per capita income contributes to an increase in the level of welfare and reflects the growth of national income (Mesteko, 1985).In rural areas, economic development is generally still in a simple or undeveloped stage.
Changes in the agricultural sector can be considered as changes in rural society (Widodo, 2009).Land for Indonesian people has a multidimensional meaning for the lives of agricultural communities.First, from an economic perspective, land is a means of production that can bring prosperity.Second, politically, land can determine a person's position in community decision making.Third, as a culture, land can determine the high and low social status of its owner.Fourth, land has a sacred meaning because it deals with inheritance and transcendental issues (Rahman, Ratnah, 2017).how this culture prioritizes maternal lineage as a strong foundation for ownership and organization of society (Citrawan, 2021).For the Minangkabau indigenous people, land is one of the symbols and elements of matrilineal traditional institutions, determining the dignity of a person and tribe, determining the status of indigenous and non-indigenous people, which functions as a basis for determining the inheritance of the rights of the greatness of the country (Hanifuddin, 2016).

METHOD
This research uses a historical method which focuses on the process of processing Before oil palm became dominant, the population of this area depended on wet rice farming and simple farming methods (Putri, et al, 2021).
Land has a very important role in the customary legal culture of society, because land is a valuable asset that has economic value, and more than that, land also has magical-religious aspects that can bind and have a close connection with human life and community (Jonaidi, 2018)  This conflict became increasingly heated with the actions of Koto Baru residents who demanded a distribution of Communal land conflicts can be resolved through deliberation to reach consensus which is carried out through the Nagari Adat Meeting.In the process of handing over customary land, there is a kind of compensation for the price of the land called siliah Jariah (Hakimi, 2016).This Siliah Jariah is traditional money given to ninik mamak.shows the need for a more inclusive and sensitive approach to local customs and culture to achieve a resolution that is truly acceptable to all parties involved.
and verifying data according to the research object through several steps.The historical method is the process of studying, testing and critically analyzing events in the past(Helius, 2012).The first step is heuristic, namely the activity of collecting sources in the form of literature, documents, archives and interviews.The second step is source criticism, which is an activity to test the sources that have been collected through internal and external criticism.The third step is interpretation, namely the activity of interpreting facts by connecting one fact with another fact according to historical events which include time, place and event.The fourth step is historiography, namely presenting the research results in the form of a thesis (Louis, 1986).To obtain data that is relevant to the research problem, the author applies research techniques which consist of several stages.Heuristics is the activity of collecting data that is directly related to the research object, both primary and secondary data.Primary data collection was carried out through interview sessions with people affected by this problem, workers in companies, and others related to the research title.Secondary data was obtained through initial observations and taking archives or documents, including library research in various libraries and online journals.The data obtained is in the form of source documents such as statements of agreement and results of deliberations.The second stage is source criticism, which aims to test the validity of the source through external criticism (authenticity) and internal criticism (content credibility).The level of credibility of the data was tested by asking the same questions to different informants (Ismaun, 2005).The third stage is interpretation, where facts are interpreted by connecting evidence found in the field through analysis and synthesis methods (Abdurahman, 2007).The fourth stage is historiography, which presents research results systematically in the form of a thesis, paying attention to simplicity of language so that it is easy between PT Anam Koto and the people of Nagari Aia Gadang which occurred because of the intersection between positive (state) law and customary law, where the dominant state law was detrimental indigenous people who own customary land.Another research by V Rinche (2021) entitled "Conflict over Control of Oil Palm Plantation Land between PT PHP and the Kapa Community" shows that the conflict occurred as a result of handing over customary land by the adat and ninik mamak to the Regent of Pasaman without prior consultation, which was then transferred to investors as Cultivation Rights (HGU), caused many people to lose their land, including Bundo Kanduang who were customary owners.RESULTS AND DISCUSSION Background of Communal Land in Kinali and Simpang Tiga Koto Baru One of the areas experiencing rapid growth in oil palm plantations is located in West Pasaman.West Pasaman is one of the main contributors to palm oil production in West Sumatra, and many of its residents work as oil palm farmers.The development of oil palm in West Pasaman cannot be separated from climatic conditions that are suitable for plantation crops such as rubber, corn and oil palm.
hope that the regional government could bring investors to the nagari, so that the nagari's economy could develop.Usually, the handover of customary land is carried out verbally to the Regent with the aim of having the local government look for an "Adoptive Father" (investor) who will manage the customary land.various agencies such as the Land, Plantation, Forestry, and Governance Agency, led by the Regent of Pasaman Regency.They are tasked with carrying out various things from lobbying ninik mamak to making correspondence related to the handover of customary land(Simarmata, 2018).Therefore, it is very important to ensure that all parties involved in this process, including local governments, investors and indigenous communities, work together in a transparent and fair manner to ensure that the benefits of this investment can be felt by all parties(Yuliandri, 2020).After a meeting between ninik mamak and investors facilitated by the local government, an agreement was then made in writing(Fatimah, 2010).After the ulayat boundary agreement was agreed based on the Nagari Customary Institution (LAN) letter dated 10 June 1995, a year later, on 6 June 1996, Ninik Mamak Kinali handed over the ulayat land of Nagari IV Koto Kinali to the state through the regent of Pasaman, namely Colonel Art.(Ret.)H. Taufik Martha with an area of approximately 7,150 Ha (core land of approximately 3,300 Ha managed by PT.PMJ and Plasma land of approximately 3,850 Ha for ninik mamak Koto Kinali, namely KUD Dastra) However, the day after it was handed over, the regent of Pasaman, Colonel Art.(Ret.)H. Taufik Martha issued a letter regarding changes in land composition, where for core land it became approximately 3,300 Ha (the same as at the beginning), while for plasma land it became approximately 4,250 Ha (more or less 400 Ha).While the construction of the plasma plantation was underway, there was damage to the road by ninik mamak and residents of Koto Baru.They argued that the land handed over by the Koto Kinali ninik mamak was ulayat land belonging to the Koto Baru ninik mamak.This conflict caused significant damage to the road infrastructure used to access plasma plantations and core plantations.This action reflects the tension that exists between two groups of indigenous people who feel they have rights to the land.This situation further complicates the plasma plantation development process which should run smoothly.Peak of Ulayat Land Conflict On July 9 2001, PT.PMJ sent a letter reporting the problems that occurred to the Regent of Pasaman, AKBP (Ret.)Drs.H. Baharudin Rabaan, MM In the letter, PT.PMJ reported that there had been destruction and looting of core and plasma plantations by Koto Baru residents.This report shows that there is a serious conflict between Koto Baru residents and the company, which is increasingly worsening the situation on the ground.PT.PMJ also stated that the residents' actions had prevented them from continuing garden planting activities.The destruction and looting carried out by Koto Baru residents reflects high tensions regarding claims to customary land.Koto Baru residents argued that the land being worked on by PT.PMJ and KUD Dastra belong to them, so they feel they have the right to take this action.This conflict not only disrupts company operations, but also has the potential to cause large economic losses (PT PMJ Letter Number 031/PMJ-BM/Pem/2001).In November 2004, Keltan Harapan (Koto Baru Resident Farmers' Group) sent a letter to the regional government demanding a distribution of KUD Dastra profits.They feel that their rights as customary land owners are not recognized by KUD Dastra.In the letter, Keltan Harapan stated that the residents of Koto Baru were supposed to get a share of the results from the plasma plantation managed by KUD Dastra, but until then they had never received the share that should have been their right.Apart from the farmer group led by Syahrul Ramadhan Tanjung, there is also a farmer group led by Syaful Usman with the name Simpang Tiga Keltan.This group is also involved in communal land conflicts in the area.Simpang Tiga Keltan issued land certificates for 395 parcels at the plasma location built by PT.PMJ.This action adds to the complexity of customary land issues in the area and triggers further conflict with interested parties.The issuance of land certificates by the Simpang Tiga Keltan made KUD Dastra, which is the legal holder of the plasma area, feel disadvantaged.KUD Dastra sees this action as a violation of their recognized rights to plasma land.As a result, KUD Dastra decided to file a lawsuit with the West Pasaman District Court.This lawsuit aims to enforce their rights and cancel the certificates issued by the Simpang Tiga Keltan.It can be concluded that the agreement to hand over the communal land of Nagari IV Koto Kinali to the state and its management by PT.Primatama Mulia Jaya (PT.PMJ) caused conflict with the people of Koto Baru, who felt the land belonged to them.After the handover, the Regent of Pasaman issued a letter changing land composition, which worsened the situation by increasing the area of plasma land.This unclear land boundary and changes in land composition have triggered road destruction and land occupation by Koto Baru residents, disrupting PT operations.PMJ and creates uncertainty for the company.
It is also important to note that the expansion of West Pasaman Regency from Pasaman Regency triggered many interests from traditional elites and external actors, such as rulers, businessmen, local kings, and the people, who were involved in the conflict.In West Pasaman there are two traditional kingdoms: Raja Kinali in Kinali and Raja Parit Batu in Simpang Empat Pasaman.In addition, during this period, news about land disputes attracted special attention from the government and human rights observers (Annual Report of the National Human Rights Commission, Representative of West Sumatra Province, 2007).It is reported that in West Pasaman, land disputes and conflicts have occurred since colonial times.This problem has increased, especially since the reform era due to less strict security supervision from the state (Suryadi, 2022).This is the first time this meeting has been held with the Republic of Indonesia's Polhukam, the RI Polhukam was summoned by the Regional Police Chief to resolve this problem.The purpose of this meeting with the Republic of Indonesia's Political, Legal and Security Affairs is to act as a moderator or to mediate issues between the Simpang Tiga border area and the Kinali border area.CONCLUSION Conflicts around ulayat land ownership in Nagari Simpang Tiga and Kinali reflect disputes regarding ulayat land ownership that have gone through a legal settlement process but have not yet been resolved at the community level.Even though the court has issued an official decision regarding who has the rights to the land, the decision has not been fully accepted by all parties involved.This is like a fire in the chaff, where conflicts that appear to have been resolved on the surface actually still hold the potential for danger and tension in society.Conflicts that have been resolved in court but not in society indicate that there is a mismatch between legal decisions and perception or acceptance in society.The community felt that the decision was unfair or not in accordance with local customs and traditions.Legal resolution of conflicts over customary land ownership in Nagari Simpang Tiga and Kinali has not succeeded in resolving problems at the community level.This