dynamics in the formation of indigenous village in kuantan ...(rantau nan tigo jurai). based on the...

Dynamics in the Formation of Indigenous Villagein Kuantan Singingi District of Riau Province

Raja Muhammad Amin Rury FebrinaUniversitas Riau Universitas Riau

Pekanbaru, Indonesia Pekanbaru, [email protected]

Abstract— Indonesian Legislation No. 6 of 2014 onVillage gives an opportunities to each region to rename avillage conforming to its cultural characteristics that grow andthrive on that site. Ever since Village Legislation passed in 15January 2014, The Central Government gave 1 year to allregion/city in Indonesia to form an Indigenous Village.TheCentral Government through Ministry of Internal Affair haveset a time limit for proposed Indigenous Village until 15January of 2015. Nevertheless, majority of region/city in RiauProvince did not registered their villages in order to formIndigenous Village, this also include the Region of KuantanSingingi.. This setback caused by several reasons, firstly thereis no regulation on Provincial level that can be a guidance onthe application of Indonesian Legislation No.6 of 2014.Secondly, the time limitation that Central Government set wastoo short due to the forming of Indigenous Village in KuantanSingingi District just start two months before the timelimitation being set.Thirdly, there are differences inperception between District Government, DPRD andcommunity in viewing the existence of Indigenous Village fromwho will be better at managing the administration andacknowledgment of Ulayat Rights. Fourthly, there is lack ofsocialization and assessment done by Province Governmentand District Government regarding the formation ofIndigenous Village in Kuantan Singingi District.

Keyword: Village, Indigenous, Dynamic, Ulayat Rights.

I. INTRODUCTIONThe village is the lowest government or the local

entities of the system of government in Indonesia, whichhas territorial boundaries, there are people who inhabit andcustoms became the basis of management. Village andlocal government in Indonesia is very dynamic since thecolonial to post-reform era. Likewise, the laws andregulations of the government that are the parent of thevillage administration have taken place in the process ofrefinement and change.

The village is defined as the Village and IndigenousVillage or called by another name is the legal communityunity that has the territorial boundaries to regulate andadminister government affairs, the interests of localcommunities based on community initiatives, rights oforigin, and / or traditional rights recognized and respectedin the system of government of the Unitary State of the

Republic of Indonesia. The Village Act recognizes theautonomy of the village. Village Autonomy is defined asgiving opportunities to grow and develop following thedevelopment of the community itself.

In practice the system of village governance inIndonesia is not uniform. The existence of gampong inAceh, nagari in West Sumatra, clans in Palembang, andbanjar in Bali show another color of village government.Towards uniformity initially generated a lot ofcontroversies and making the village become far fromself-sufficient. With the recognition based on the origincan restore the independence of the Village in theadministration of governance, public development anddevelopment of custom, community and communityempowerment more systemic, integrated, effective andeffective.

Since the Legislation No. 6 of 2014 on Villageenacted on January 15, 2014, the central government gaveone year in all districts /cities in Indonesia to establishindigenous villages. This provision clearly stated in the law,namely Article 116 paragraph (3). "Determination of Villageand Indigenous Village is maximum 1 (one) year since thelaw is enacted."

Based on the above provisions, the centralgovernment through the Ministry of Internal Affairs hasgiven the deadline for proposing custom villages up toJanuary 15, 2015. But many districts/cities in Riau Provincein particular do not register villages in their areas to beestablished as customary villages. One of them is KuantanSingingi who are still doing the assessment andidentification of origin of the village's rights are set to be theIndigenous Villages.

Kuantan Singingi Regency is also known as rantauKuantan or as an overseas area of Minangkabau people(Rantau nan Tigo Jurai). Based on the history of theKingdom of Kandis in Kuantan earlier established in the 7thcentury AD than the Pagaruyung kingdom in Minangkabauwhich is established in the 14th century AD. Since there aremany traditions still maintained by the Kuantan Singingicommunity, it would be an opportunity for the formation /reestablishment of several villages into Indigenous Village.With the declaration of the Village into Indigenous Villagein Kuantan Singingi Regency certainly gives a big influencefor the preservation of customs and

357 This is an open access article under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Copyright © 2017, the Authors. Published by Atlantis Press.

International Conference on Democracy, Accountability and Governance (ICODAG 2017)Advances in Social Science, Education and Humanities Research (ASSEHR), volume 163

the development of regional potential. However, due to thedynamics in the process of determining the village intoIndigenous Village in Kuantan Singingi District so that theDistrict Government and related stakeholders did notsucceed in establishing Indigenous Village in KuantanSingingi Regency until the deadline has been set. Based onthe above problems, it is interesting to study the Dynamicsof Establishment of Indigenous Villages in Kuantan SingingiRegency, Riau Province.

II. FORMULATION OF THE PROBLEM

Based on the background that has been describedabove, can be formulated problems in this paper are: Howthe dynamics of the formation of Indigenous in KuantanSingingi Regency?

III. THEORETICAL FRAMEWORK

1. Village AutonomyHistorically the village was the forerunner of the

formation of political and governmental society in Indonesialong before the nation state was formed. Similar socialstructures of the village, indigenous peoples and others havebecome social institutions that have a very importantposition. The village is an autonomous institution with itstraditions, customs and laws as well as relativelyindependent. This is indicated, among other things, by thehigh level of diversity that the village may be the mostconcrete form of the nation [Haw Widjaja. 2012, VillageAutonomy is Autonomous Original, Spherical and Whole.Jakarta; PT Raja Grafindo Persada. P. 4].

In line with the presence of the modern state, theindependence and ability of the village community beganto decline, this condition is very strong seen in the NewOrder government where based on the Legislation No. 5 of1979 centralized, bureaucratized and uniformed villagegovernance, regardless of the plurality of indigenouspeoples and indigenous governments. This law is thenreflected in almost all central government policies relatedto the Village.

Widjaja stated that village autonomy is a genuine,round, and whole autonomy and is not a gift from thegovernment [Ibid ,. P. 165]. Instead the government isobliged to respect the original autonomy possessed by thevillage. As a legal community unit which has its originalstructure based on privilege, the village can perform legalacts both public law and civil law, possessing wealth,property and can be prosecuted and prosecuted in court.With the issuance of the Legislation No. 22 Year 1999which is then enhanced by the issuance of the LegislationNo. 32 Year 2004 regarding Regional Government providesa strong foundation for the village in realizing"Development Community" where the village no longer asadministrative level or subordinate area but instead as "Independent Community "ie the village and its people areentitled to speak for the benefit of the community itself.

Villages are authorized to manage their villagesindependently including the social, political and economicfields. With this independence is expected to increase theparticipation of villagers in social and politicaldevelopment. For the village, the autonomy is differentfrom the autonomy owned by the provincial as well as theregency and municipal areas. The autonomy of the village isbased on its origins and customs, not on the authority of theGovernment. The recognition of village autonomy,Taliziduhu Ndraha explains the following [TaliziduhuNdraha. 1997. Community Development Preparing SocietyTake off. Jakarta: Rineka Cipta. P. 12.]: a. Villageautonomy is classified, acknowledged, fulfilled, trusted andprotected by the government, so that the dependence of thevillage community on the "generosity" of the governmentcan diminish. b. The position and role of the villageadministration is restored, restored as it was or developed soas to anticipate the future. Village autonomy is the right,authority and obligation to regulate and manage owngovernment affairs and interests of the community based onthe rights of origin and social-cultural values that exist inthe community to grow and develop following thedevelopment of the village. Government affairs based onthe origin of the village, the matters which are the authorityof the Regency or City government are handed over to thevillage.

2. Village and Indigenous VillageWhen discussing "Village" then at least will lead to

three kinds of interpretation or understanding. First, thesociological sense describes a unity of a society orcommunity of people living and living in an environmentwhere they know each other well and their life style isrelatively homogeneous, and much depends on the goodnessof nature. Second, the economic sense, the village as acommunity environment that seeks to meet the daily needsof what is provided by the natural surroundings. Third, thepolitical sense, in which the "Village" as a governmentorganization or power organization that has a certainpolitical authority because it is part of the government of theState. Villages are often formulated as a unit of law societyin power to organize self-government [Mashuri Maschab,2013, Village Government Politics In Indonesia,Yogyakarta, Polgov. Hlm 1-3].

In the general explanation of the Legislation No. 6Year 2014 on Villages is described as follows:

"Villages or so-called other names have characteristicsgenerally applicable to all of Indonesia, whereasIndigenous Village or other named names have differentcharacteristics from the village in general, mainlybecause of the strong influence of Tradition on localgovernance systems, the management of local resources,and socio-cultural life of the village community.Indigenous Village is in principle a legacy of localcommunity-based community organization that has beenmaintained for generations who are still recognized andchampioned by the leaders and communities of

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Indigenous Village in order to function to develop thewelfare and social identity of local culture. IndigenousVillage has the right of origin which is more dominantthan the right of origin of the village since IndigenousVillage was born as an indigenous community in thecommunity. Indigenous Village is a unit of customary lawcommunity which historically has regional boundaries andcultural identity formed on the territorial basis authorizedto regulate and manage the interests of the villagecommunity based on the right of origin. "

The village is a village or Indigenous Village oranother name is a legal community unity that hasterritorial boundaries to administer and administergovernment affairs, the interests of local communitiesbased on community initiatives, rights of origin, and / ortraditional rights recognized and respected within systemof government of NKRI. With the construction combiningthe function of self-governing community with local self-government, it is hoped that the unity of indigenous andtribal peoples who are part of the village area, arearranged in such a way as the Village and IndigenousVillage [The Legislation No. 06 of 2014 on the Village. P1-3]. Indigenous Villages and Villages basically performalmost the same task. While the difference is only in theimplementation of the right of origin, especiallyconcerning the social preservation of Indigenous Villages,the arrangement and management of customary territories,indigenous peace meetings, the maintenance of tranquilityand order for indigenous and tribal peoples, andgovernance arrangements based on the originalarrangement.

In Article 19 of the Legislation No. 6 of 2014 on thementioned Villages, Villages have four authorities,including:a. Authority based on the right of origin;b. Local-scale village authority;c. Authority assigned by the government, provincial

government, or district / city government.d. Other Authorities assigned by the Government,

Provincial Government, or Regency / CityGovernment in accordance with the provisions oflaws and regulations.Authority on the basis of the right of origin is the

authority of a living heritage and on the initiative of theVillage or the initiative of the village community inaccordance with the development of community life. Whilethe local authority of the village scale is the authority toregulate and manage the interests of the villagers that havebeen run by the village or able and effective to be run by thevillage or that arise because of the development of thevillage and the village community's Initiatives. These twoauthorities are the hope of making the village sovereign,independent, and personable.

Since the Legislation No. 6 of 2014 on Villages wasadopted on 15 January 2014, the central government gave

one year to all districts / cities throughout Indonesia toestablish indigenous villages. This provision is clearlystated in the law, namely article 116 paragraph (3)."Determination of Village and Indigenous Village ismaximum 1 (one) year since the Law is enacted". Flow /mechanism of determination of Indigenous Village has alsobeen arranged in Government Regulation no. 43 Year 2014on Articles 29-31, starting from the village inventory stageand existing village assessments that can be established intoIndigenous villages. Determination of Indigenous village isset forth in the draft of local regulations which have beenagreed together in the plenary session of the Regency /Municipal People's Representative Council submitted to thegovernor to obtain the register number and to the Ministerto get the village code. The draft local regulation that hasobtained the register number and village code is set tobecome a regional regulation.

IV. RESEARCH METHODOLOGYThis research is a qualitative research which

according to Denzin and Lincoln in Lexy J. Moleong is aresearch using natural setting, with the intention ofinterpreting the phenomenon that occurs and done byinvolving existing methods [Lexy J Moleong, 2007,Qualitative Research Methodology, PT RemajaRosdakarya Offset, Bandung, p 23]. This research usecase study so that the existing phenomenon can beexpressed and analyzed more deeply from the target ofresearch that is human, event, background and document.Thus the researcher can understand the various links thatexist between the variables.

This research was conducted in Kuantan Singingi andSingingi Sub-districts with an analysis unit of KuantanSingingi Regency Government and Singingi Hilir DistrictGovernment. The reason for choosing the location is basedon the phenomenon that started when the centralgovernment through the Ministry of Home Affairs hasgiven the deadline for the proposed indigenous village untilJanuary 15, 2015 ago. But many districts / cities in RiauProvince in particular do not register villages in their areasto be established as Indigenous villages. One of them isKuantan Singingi District which until now still conductsassessment and identification of the right of village origin tobe defined as Indigenous Village.

This research uses a qualitative approach with thetechnique of determining the informant that is withpurposive technique. This means that in the context of thisresearch informants are selected based on the authority theyhave and the involvement in the research problems studied.

Data collection techniques used in this study by usingthe following methods:a. In-depth interviews, this technique aims to get detailed

information about the research problem.b. Document search, this method is used to complete the

data from the first party ie from the research

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informant so that obtained data and facts authentic inthis research.

Data analysis in qualitative research according toMiles and Huberman is classified into 3 (three) techniquesthat [Miles, B. Mathew and Michael Huberman. 1992.Qualitative Data Analysis Source Books About NewMethods. Jakarta: UIP. P 15-16]; first data reduction is theform of analysis that sharpens, classifies, directs, discardsthe unnecessary and organizes the data in such a way thatthe final conclusion can be taken. Second, the presentationof data that is gathering activities, compile information togive the possibility in drawing conclusions. Third, theconclusion drawn from the data obtained and analyzedusing the relevant theory.

V. RESULT AND DISCUSSIONThe Legislation No. 6 of 2014 concerning Villages

provides an opportunity for each region to change the nameof the village according to the cultural characteristics thatgrow and develop in their respective regions. InGovernment Regulation No. 43 of 2014 on theImplementing Regulation of the Legislation No. 6 of 2014,it also mandates that the administration of villagegovernment, will be adapted to local cultural conditions.

Customary village is the original structure that hasthe right of origin in the form of the right to take care ofthe territory and take care of the life of the customary lawcommunity. As for the purpose of the establishment ofIndigenous Village is to revive the role of traditionalleaders in the implementation of government, developmentand service to the community, which is caused by the morecomplex life order in the community as the influence ofurbanization of the population from other regions.Indigenous villages have a function to organize the life ofthe community as a unity of the legal community related tocustomary law and culture and can be the basis for thesmooth implementation of governance and developmentimplementation. The formation of this traditional villageaims to grant the widest possible authority to theIndigenous Village to safeguard customs, rights and rightsof wilayat.

The formation of Indigenous Village is a goldenopportunity for the regency/ municipality to establish avillage to restore the dignity and dignity of its people.Opportunities and Potential of custom village formationbased on potential;

1. Their Village Government2. Their unity of Indigenous People3. Their Customary Governance Institution4. Their cultural heritage5. Their arts and traditions that are still running

Since the Legislation No. 6 of 2014 on Villages wasadopted on 15 January 2014, the central government gaveone year to all districts /cities throughout Indonesia toestablish indigenous villages. This provision is clearlystated in the law, namely article 116 paragraph (3).

"Determination of Village and Indigenous Village ismaximum 1 (one) year since the law is enacted."

Determination of Indigenous Village is regulated inGovernment Regulation No. 43 of 2014 as a derivative toimplement the Legislation No. 6 Year 2014 on Villagegoverning the mechanism of a Village / Kelurahan can bedefined as Indigenous Village, as set forth in Article 30 and31 paragraph (2), Regulation Minister of Home Affairs No.52 of 2014 concerning Guidelines for the Recognition andProtection of Indigenous and Tribal Peoples is published tofacilitate the regions to conduct study and identification ofthe right of origin as the basis for the establishment ofIndigenous Village. Under PP 43/2016 Article 35 states theImplementation of authority based on the right of origin byindigenous villages to at least include:a) Structuring the organizational and institutional system of

indigenous peoples;b) Indigenous law institutions;c) Traditional tenure;d) Indigenous village land management;e) Ulayat land management;f) Agreement in indigenous village life;g) Filling the position of customary village head and custom

village apparatus; andh) The tenure of the Indigenous village head.

Based on the above provisions, the central governmentthrough the Ministry of Internal Affairs has given thedeadline for proposing custom villages up to January 15,2015. But many districts / cities in Riau Province inparticular do not register villages in their areas to beestablished as customary villages. One of them is KuantanSingingi District which until now still conducts assessmentand identification of the right of village origin to beestablished as Indigenous Village. There are severaldynamics that occurred in the formation of Adat Village inKuantan Singingi Regency such as :1. The absence of a regulation at the Provincial

Government level which guides the implementation ofthe Legislation No. no. 6 Year 2014 on Village and PP43 year 2014 on Implementing Law no. 06 about theVillage. So there is a sense of uneasiness in the formationof Village into Indigenous Village by Local Governmentof Kuantan Singingi Regency.

2. The deadline for the determination assessed by the actorsinvolved in establishing Indigenous Village in KuantanSingingi Regency is short, thereby reinforcing the doubtof the local government to establish the village into anIndigenous village.

3. Doubts are not only in the executive / local governmentlevel but also in the Kuantan Singingi Indigenouscommunity related to the view of whether the villagemanagement will be better than the ordinary villagebefore it is designated as Indigenous Village. This doubthas an impact on the duration of community follow-up tothe questionnaire distributed by the local governmentrelated to the feasibility of the village into an Indigenousvillage.

4. The lack of socialization of the formation of Indigenous

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Village conducted by the Regional Government.5. Lack effort of identification of prospective village

candidates to be Indigenous Village in Kuantan SingingiRegency

The dynamics of the formation of traditionalvillages are interpreted by the differences of perspectiveand conflict of interest from each of the actors involved inestablishing Indigenous Village either from the localgovernment, legislative, or community leaders andtraditional leaders. In addition, the time constraint offormation also gives a big influence on the readiness of theregion in conducting the study of Indigenous Village.Kuantan Singingi District only reached the stage ofsocialization of the formation of Indigenous Village in2015 by the provincial government and in the middle oflast year (2016) conducted the questionnaire dispatch byLAM Riau Province in cooperation with the Department ofCommunity Empowerment and Village Riau Province toexplore the values of preservation and development ofcustoms and potential capable of being developed byindigenous peoples, this activity is correlated to theidentification and assessment of Indigenous Village asmandated in Article 30 point b of Village Law. But there isno follow-up. The lack of quality proposals from thevillage government and the community for the formationof Indigenous also became one of the factors that causedthe formation of Indigenous Village in Kuansing Regency.In addition, many argue that the formation of customaryvillages needs an in-depth assessment considering whatkind of customary village is to be applied? What customsvalues still exist and will ultimately question what can beobtained by converting / forming a village into a traditionalvillage.

There is an emphasis on issues where communityinitiatives and related initiatives such as village governmentand Lembaga Adat Melayu (LAM) Regency are stillminimal and there are concerns about the demands forcustomary rights, including ulayat land as part of the rightof origin. Although it is known that some local villages inKuantan Singingi Regency have the potential to beconverted or become Indigenous Village because of thehistory and customs peculiarities that are still maintained bythe community. The Stages of Establishment of IndigenousVillages in Kuantan Singingi Regency stalled in the earlystages before the identification and review process thatexamines the history, customary territory, customary law,property, and institutional or Indigenous governancesystems.

In addition, the regulatory constraints in theProvince that have not come out as the guidance of theimplementation of the Legislation No. 6 Year 2014 on theVillage also affects the cessation of the process ofestablishing Indigenous Village in Kuantan Singingi

Regency. This is influenced by the absence of specialregulation related to Indigenous Village in the regulationMinistry Of Internal Affair. If the issuance of Regulation ofMinistry of Internal Affair and Regulation at Riau Provincelevel related to Indigenous Village which regulate theinstitutional formation of Indigenous Village, then theprocess of Indigenous village arrangement can be done. TheIndigenous village arrangement can only be implemented ifregulation has been made by regency either regulation orregent regulation governing the technical implementation ofIndigenous. The regulatory vacuum from the central,provincial to district / city levels increases the vacuum ofindigenous village formation.

Recently issued Permendagri No. 1 year 2017 onVillage Arrangement, the scope of this regulation includesthe arrangement of villages and indigenous village setting.Village Arrangement in the form of Village and IndigenousVillage formation, elimination of Village and IndigenousVillage and change of status of Village & The Village Thisregulation explains that the arrangement of indigenousvillage can be done by Central Government, ProvincialGovernment and Regency/City Government. Villageformation is applicable mutatis mutandis to the formation ofIndigenous Village by the Government on top of it relatedto the formation of Indigenous Village, and the change ofstatus of Indigenous Village. Based on Permendagri No. 1of 2017 emphasizes that Provincial Bylaws serve asguidelines for District/Municipal Governments indetermining district/ municipal regulations governingvillage governance, indigenous village development,indigenous village development and communityempowerment of indigenous villages. While Regency /Municipal Regulation at least contains:a) Range of Indigenous Villages;b) Authority of Indigenous Village Chief;c) The appointment and dismissal of the Head of

Indigenous Village and the village customary apparatus;d) Structure and working procedure of Indigenous Village;e) Indigenous Rules of Indigenous Villages; andf) Individual Village Property Management.

This new regulation is considered excessive in thecustomary village setting since the provincial governmentcan have initiative to form Indigenous Village which in otherlegislations does not regulate it. In addition the mostimportant thing is the establishment of criteria / mainmeasure of establishment and establishment of IndigenousVillage. The roles of each party should be properly mappedfrom the initiating party, the assigning party and therecording and registering party. Village Arrangement asmandated in the Village Law and Government Regulationno. 43 of 2015 underlines that Indigenous Village isestablished by the Municipal Government, evaluated by theprovincial government and registered by Kemendagri. Basedon the above explanation it can be drawn important pointsthat still be a big PR related to the establishment and

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structuring of Indigenous Villages. It affects the indigenousvillages that have been determined by the Government ofthe City / City and will set the Village to IndigenousVillage.

Following up the delay and opportunity ofarrangement and establishment of Desa Adat mandated inthe Village Law. Local Government with DPRD has madeand conducted discussion of Ranperda of Kuantan SingingiRegency about Village Arrangement and VillageGovernment. Where in it there are several clauses related tovillage changes into Customary Villages as in chapters 21and 22 namely;

Paragraph 4Village Change Being Indigenous VillageArticle 21(1) The Government, the Regional Government may

change the status of the Village or a combination ofseveral Villages into Customary Villages on theinitiative of the community.

(2) The change of Village status to Indigenous Village asreferred to in paragraph (1) takes into account theinitiatives of village communities, origins, customs,socio-cultural conditions of the village communityand the potential and potential of the village..

Article 22Change of village status into custom village throughmechanism and procedure as follows:a. There are community initiatives and agreements to

change the status of villages into Indigenousvillages;

b. Community proposes change of status of villageinto Indigenous village to BPD and village head;

c. BPD held a meeting with the village head todiscuss the proposed community regarding thechange of village status to Indigenous village, theagreement of which was set forth in the minutes ofthe BPD meeting on the change of village statusinto Indigenous village and further stipulated byvillage regulations on the plan of change of villagestatus become Indigenaries villages and jointdecisions of BPD and the respective village headsto change the status of villages into Indigenourisvillages;

d. Regulation of Village as meant in letter c, at leastcontains; name, area, administrative boundaries,population, number of hamlets, district maps,village potential, village facilities andinfrastructure;

e. Head of the Indigenous Village proposed thechange of status of village into Indigenous villageto Bupati through Camat in proposal form alongwith Village Regulation and news of BPD meetingresult;

f. Head of Village jointly proposes the change of

village status to Indigenous village to the Bupati in1 (one) written proposal by enclosing mutualagreement;

g. Camat provides recommendations and passesproposed changes in village status or acombination of several villages into customvillages to the Bupati;

h. Bupati formed Team Change of village status orcombination of several villages into custom villageby considering the proposed document Changes invillage status or a combination of several villagesinto customary villages,

i. Team Change of village status to ad village asmeant in letter at least consist of:

1) Local Government in charge of VillageGovernment, community empowerment,regional development planning, andlegislation;

2) Camat;3) Source form academia in the field of

government, regional developmentplanning, development, and social social;and

4) Industrial institutions.5) Team of village status changes or a

combination of several villages intoIndigenous villages has the duty ofverifying the requirements of changingvillage status or combining several villagesinto Indigenous villages.

6) Verification as referred to in letter j in theform of administrative and technicalverification.

7) The result of the team to change the statusof a village or a combination of severalvillages into Indigenous villages as referredto in letter j shall be poured into a form ofrecommendation stating whether or not achange of village status has beenestablished or a combination of severalvillages into customary villages.

8) In case of recommendation of change ofvillage status or combination of severalvillages into pillage is proper, Bupati shallstipulate Local Regulation concerningChange of village status or combination ofseveral villages into custom village.

9) Further provisions concerningadministrative and technical verification asreferred to in letter k shall be governed by aRegent Regulation.

The stages of determining the Village to Adat Village arecontained in Article 25-27 namely;

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Paragraph 6Determination of Rural and Indigenous villageArticle 25(1) The Local Government shall conduct an inventory of

the existing Village in its territory which hasobtained the Village code.

(2) The results of the village inventory as referred to inparagraph (1) shall be the basis by the RegionalGovernment to determine the village and customvillage in their territory.

(3) The village and the traditional village as referred toin paragraph (2) shall be determined by the Regionalregulations.

Article 26(1) Determination of the traditional village through the

mechanism:(2) Identification of indigenous village; and(3) Deal of existing villages that can be defined as

Indigenous villages.(4) The identification and assessment referred to in

paragraph (1) shall be carried out by the provincialand district governments together with customaryassemblies or other similar institutions.

Article 27(1) The Reagent shall designate customary villages that

have met the requirements based on identificationand review results as referred to in Article 26.

(2) (Determination of indigenous village as referred to inparagraph (1) shall be set forth in the draft ofregional regulation.

(3) The draft of the regional regulation as meant inparagraph (2) which has been mutually agreed uponin the plenary session of the district council shall besubmitted to the governor to obtain the registernumber and to the Minister of Home Affairs toobtain the village code.

(4) The draft local regulations that have obtained theregister number and village code as referred to inparagraph (3) shall be stipulated as a regionalregulation.

In addition to following up the lack of legal supportabout the institutional arrangement, filling the descriptionand the tenure of the Head of Indigenous Village mandatedin the Village Act, the Government of Riau Province untilthe stage of making academic manuscripts Riau ProvinceRanperda of Institutional Structure, Filling the description,and Term Head of Indigenous Village. This academicmanuscript is prepared to realize the certainty of law,orderly administration, orderly arrangement, in accordancewith applicable legislation. But back again that this policycan not be valid given the absence of Indigenous Villages inRiau Province which registered Area Code of IndigenousVillages due to unfulfilled administrative requirements,

especially related to borders in two districts that have issuedthe Local Customary Rule Determination of Siak Regencyand Rokan Hulu Regency. Synergy in the acceleration ofthe formation of Indigenous Village is done in the form oftechnical meetings and work meeting arrangementsconducted in the Year 2016 by the Provincial Governmentthrough the Office of Community and VillageEmpowerment (DPMD) with District/MunicipalAdministration, Malay Customary Institution (LAM) RiauProvince and LAM District / City.

VI. CONCLUSIONThe Legislation No. No. 6 of 2014 concerning

Villages provides an opportunity for each region to changethe name of the village according to the culturalcharacteristics that grow and develop in their respectiveregions. Since the Village Law was passed on 15 January2014, the central government has given one year to alldistricts / cities throughout Indonesia to establishindigenous villages. The central government through theMinistry of Home Affairs has given the deadline forproposing customary villages up to January 15, 2015.However, there are still many regencies / cities in RiauProvince that do not register villages in their area to bedesignated as adat villages, one of them is KuantanSingingi Regency.

The dynamics of the formation of traditionalvillages are interpreted by the differences of perspectiveand conflict of interest from each of the actors involved inestablishing Adat Village either from the localgovernment, DPRD, or community leaders and traditionalleaders. In addition, the time constraint of formation alsogives a big influence on the readiness of the region inconducting the study of Adat Village. Kuantan SingingiRegency only until the stage of socialization of theformation of Adat Village in 2015 by the provincialgovernment and in the middle of last year (2016) carriedout the dispatch of questionnaires as well as by LAM RiauProvince in collaboration with the Department ofCommunity Empowerment and Village Riau Province toexplore the values of preservation and development ofcustoms and potential which can be developed byindigenous peoples, this activity is correlated to theidentification and assessment of Indigenous Village asmandated in the Village Law.

This delay is caused by; Firstly, there is noregulation at the Provincial Government level which is theguideline for the implementation of Law no. 6 Year 2014on the Village. Second, the deadline for establishing AdatVillage in Kuantan Singingi Regency is short, where thenew process begins two months before the deadline. Third,the differences of perception between district government,legislative and the community in viewing the existence ofAdat Village both in terms of better governance and therecognition of ulayat rights. Fourthly, the lack ofsocialization and assessment conducted by both Provincial

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Government and District Government related to theSingingi Regency government in encouraging theacceleration of the establishment / change / status of thevillage into indigenous village.

Kuantan Singingi Regency Government responded tothe opportunity and delay of determining Adat Village in itsterritory by making new policy until the stage of discussionof Ranperda about Village Arrangement and VillageGovernment in which to discuss the stages in detail inshaping or changing the status of Village into IndigenousVillage. While the Provincial Government in synergy withthe Provincial LAM, the City / Regencies and severalrelevant stakeholders has made the review and academicdraft of Raperda on the institutional arrangement, the fillingof the jabaran, and the term of the Head of CustomaryVillage that is mandated in the Village Law Article 109 inanticipation of a longer vacuum due to the Riau Province'sregulatory vacuum linked to Indigenous Villages.

REFERENCE[1] Denzin, K.Norman dan Lincoln, S. Yvonna.2009. Handbook Of

Qualitative Reseaech.Yogyakarta:Pustaka Pelajar[2] Effendi, dkk. 2006. Pemetaan Adat Masyarakat Melayu

Kabupaten/Kota Se-Provinsi Riau. Pekanbaru Lembaga Adat Melayubersama UNRI PRESS.

[3] Moleong, Lexi J..2010.Metode Penelitian Kualitatif; EdisiRevisi.Bandung:PT Remaja Rosdakarya

[4] Ndraha, Taliziduhu. 1997. Pembangunan Masyarakat MempersiapkanMasyarakat Tinggal landas. Jakarta : Rineka Cipta

[5] Sujianto dkk, 2011, Pengembangan Organisasi Publik dalamKonteks Budaya Penguatan Lembaga Kepenghuluan, Pekanbaru:Alaf Riau

[6] Wasistiono, Sadu dkk. Prospek Pengembangan Desa. Bandung;Fokusmedia

[7] Wardiato Bintoro dkk, 2016, Percikan Pemikiran Tata Kelola danPembangunan Desa, Surabaya: Airlangga University Press.

[8] Widjaja. HAW. 2003. Otonomi Desa. Jakarta: PT Raja GrafindoPersada. Hlm. 165

[9] Widjaja. HAW . 2012, Otonomi Desa merupakan Otonomi yangAsli, Bulat dan Utuh. Jakarta; PT Raja Grafindo Persada

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