Legal Approach to the Preservation of Adat Village (Kampung Adat) in Koto Gasib Sub-district, Siak Regency, Riau Province

Abstract

Article 18 of the 1945 Constitution states that “The division of the territory of Indonesia into large and small regions shall be prescribed by law in consideration of and with due regard to the principles of deliberation in the government system and the hereditary rights of special territories”. Koto Gasib is one of the districts in Siak Regency with a Malay background from the Gasib kingdom. The customs in the Kampung community in Koto Gasib are still alive and have the potential to be designated as a Customary Village. Currently, of the 11 (eleven) villages in Koto Gasib sub-district, only one has been designated as a traditional village. The purpose of this article is to conduct an inventory so that villages that have the potential to be designated as indigenous villages can become indigenous villages. This article uses a juridical sociological approach by examining how the implementation of legal rules related to the establishment of customary villages. the results of the research found are first, the people in the villages of Koto Gasib sub-district still carry out the customs originating from their ancestors. Secondly, there is no conflict between the customs that are carried out today and the development of society. Third, the unity of customary law communities and their traditional rights does not conflict with the principles of the Unitary State of the Republic of Indonesia. Fourth, customary villages that have been established are not running properly due to a legal vacuum to organize customary village governments from 2015 until now. However, the villages in Koto Gasib sub-district have the potential to be designated as customary villages to preserve the customs of Koto Gasib, but the local government must first solve the problem of the current legal vacuum so that there is no stagnation in the governance of customary villages.