PENYELESAIAN SENGKETA TANAH PUSAKO (PUSAKA) TINGGI DI PAUH IX KERAPATAN ADAT NAGARI (KAN) KURANJI KOTA PADANG MENURUT HUKUM ADAT MINANGKABAU
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Institusion
Universitas Bung Hatta
Author
Anuggrah, Anuggrah
Adri, Adri
Adri, Adri
Subject
K Law (General)
Datestamp
2023-03-09 02:00:37
Abstract :
The land of Pusako Tinggi is an inheritance that has been passed down from generation to generation, the rights of which rest with women. However, as the holder of customary land rights, it is the Mamak Kepala Waris. Mastery and management of customary land is to protect and maintain the life and existence of the community (cultural existence). Formulation of the problem: 1) How is the settlement of the Pusako Tinggi Land Dispute in the city of Padang in terms of customary law? 2) What are the obstacles to solving the Pusako Tinggi Land Dispute in the city of Padang in terms of customary law? This research uses the type of sociological juridical research. Source of data obtained used primary data and secondary data. Data collection techniques were obtained through interviews and document studies. Data analysis is used qualitatively. The results of the study: 1) Density of Adat Nagari (KAN) did not immediately accept the dispute to be resolved at Density of Adat Nagari (KAN), but first asked to resolve it in deliberations at the family, clan and tribal levels, then go up to a higher level namely the Adat Nagari Density (KAN) to help resolve the dispute. 2) one of the plaintiffs or the defendant is dissatisfied with the decision that has been given by the chairman of the mediation so that he wants to proceed to court and one of the parties is not present in the absence of these parties, the mediation process becomes hampered because the parties should be able to hold deliberations to reach an agreement but it can't be done so it fails.
The land of Pusako Tinggi is an inheritance that has been passed down from generation to generation, the rights of which rest with women. However, as the holder of customary land rights, it is the Mamak Kepala Waris. Mastery and management of customary land is to protect and maintain the life and existence of the community (cultural existence). Formulation of the problem: 1) How is the settlement of the Pusako Tinggi Land Dispute in the city of Padang in terms of customary law? 2) What are the obstacles to solving the Pusako Tinggi Land Dispute in the city of Padang in terms of customary law? This research uses the type of sociological juridical research. Source of data obtained used primary data and secondary data. Data collection techniques were obtained through interviews and document studies. Data analysis is used qualitatively. The results of the study: 1) Density of Adat Nagari (KAN) did not immediately accept the dispute to be resolved at Density of Adat Nagari (KAN), but first asked to resolve it in deliberations at the family, clan and tribal levels, then go up to a higher level namely the Adat Nagari Density (KAN) to help resolve the dispute. 2) one of the plaintiffs or the defendant is dissatisfied with the decision that has been given by the chairman of the mediation so that he wants to proceed to court and one of the parties is not present in the absence of these parties, the mediation process becomes hampered because the parties should be able to hold deliberations to reach an agreement but it can't be done so it fails.
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