Pelaksanaan Gadai Tanah Pusaka di Sumatera Barat (Studi Kasus di Kanagarian Koto Berapak Kecamatan Bayang Kabupaten Pesisir Selatan)
ABSTRACT: Land is an important
element of forming the state, in achieving the purpose of the state need for
government intervention, but the cultural diversity of each region is one of
the factorsinhibiting the application of national law. The strength of the
legal validity of the customary one seen in West Sumatra, here against the
prevailing land affairs is largely due to the customary law is the property of
the inheritance, as well as the implementation of the pledge in the area. The purpose
of this study was to determine the inheritance and pawn what is the reason
people do notcarry out the return of the land in accordance lien national law. This
type of research is the socio-juridical , this research is descriptive
analytic. The research location is in Kanagarian Koto Berapak districts Bayang
Pesisir Selatan Regency, while population and the overall sample is be related
to the problem in this research. The data sourceused , primary data , secondary
data and data tertiary. Data collection techniques with interviewsand review of
the literature. Results from this study is the first, process of implementing a
pawn of high inheritance is known to mamak kepala waris, penghulu suku, the
village chief and walinagari as well as lowerinheritance difference lower
inheritance is known by parents and other relatives (biological).Second, the
reason of penghulu suku do not carry out return and redemption pawn by Pasal 7
UU No. 56 Prp Tahun 1960 is because indigenous people are very uphold the
customs that have beenhanded prior to the national law governing, customary law
would still apply because the indigenous Minangkabau “tak lakang dek paneh, tak
lapuak dek hujan”In conclusion, the implementation of the pawn inheritance in
Minangkabau, either low inheritance or high inheritance the process is equally
to be known by government officials nagari, unless pawn under the hand. And the
return of land pawn Minangkabau society continueto perform in accordance with
customary law. Suggestions writer, first , so that people do noteasily make a
pladge, especially just for subsistence. Secondly, the provisions of Pasal 7
thatprocedure is difficult to accepted by the Minangkabau society, especially
in Kanagarian Koto Berapak, therefore it is necessary to find a way to solve
it, so the purpose of Pasal 7 UU No. 56 Prp Tahun 1960 can be achieved.
Penulis: Dian Lyonanda Putri
Kode Jurnal: jphukumdd151157
