M Ikbal, Maria Maya Lestari, Dessy Artina


Article 18B Paragraph (2) of the 1945 Constitution of the Republic of Indonesia
which reads "The State recognizes and respects customary law community units and
their traditional rights as long as they are still alive and in accordance with the
development of society and the principles of the Unitary State of the Republic of
Indonesia, which are regulated in law". One of the customary law community units is
the nagari in West Sumatra Province.
Nagari in West Sumatra Province there are many intersections and
misinterpretations in the formation of nagari. Nagari follow customary village
regulations in Law Number 6 of 2014 concerning Villages. Meanwhile, according to
Decision Theory in Customary Law, customary stakeholders have formed such an
arrangement for each customary law community unit that has the right to regulate and
manage their own household.
This type of research is a type of normative research, this research focuses on
examining the level of legal synchronization. Sources of data used secondary data, data
collection techniques in this study with the method of literature review, then analyzed to
draw conclusions.
The results of the study can be concluded that the nagari in West Sumatra
Province meet the criteria as a unitary community of customary law. The formation of
nagari in West Sumatra Province is in a dilemma because of the intersection of
customary law with state law, as a result at present there is a dualism in the formation
of nagari, namely administratively and in an original arrangement or customary
limbago. The urgency of the formation of a nagari based on Minangkabau Customary
Law in West Sumatra Province is very much an example of improving the socio-cultural
life in the nagari community, increasing local traditional values in the nagari by giving
more legal power to the customary law community which leads to the fulfillment of the
autonomous rights of the community. nagari.
Keywords: Formation of Nagari – State Recognition – Customary Law Community

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