CD Skripsi
Tinjauan Tentang Hak Waris Adat Dalam Terjadinya Putus Waris Menurut Hukum Adat Minangkabau Di Nagari Salayo Kabupaten Solok
ABSTRACT
The Minangkabau indigenous people are people who adhere to the Islamic religion, as has been confirmed in the Minangkabau traditional proverb which reads Adaik basandi syarak, syarak basandi Kitabullah which means custom based on Islam, religion based on the book of Allah Subhanahu wa Ta'ala . The Minangkabau people have their own rules in regulating their society, especially in the distribution of inheritance. Pusako or pusako property are all tangible (material) assets, which will be inherited later on to nieces and nephews. This Pusako is a guarantee for the life and equipment of the nephew's children Minangkabau.
The purpose of writing this thesis, namely: First, to find out inheritance rights in the occurrence of putu inheritance according to Minangkabau customary law. Second: To find out the settlement of inheritance rights disputes in the event of inheritance breaking according to Minangkabau customary law.
The type of research used in this study is a type of sociological research, which is a part from study law, though there is also which said that social research on law is not legal research.
From the results of the study, inheritance rights in the occurrence of inheritance discontinuation based on Minangkabau customary law are based on the principle of primacy that applies to the nephew group. However, based on customary functionaries, especially those of IV Jinih, Urang Tuo Suku and the Chairman of KAN, what applies to determining the right to inherit regarding sako and harto pusako Tinggi people who are extinct is that while alive the person who is about to become extinct can appoint or have appointed a person who will inherit the sako . and the pusako , where the appointed person has a condition, namely the freedom of the extinct person to appoint the person who will inherit his sako and pusako , where the extinct person knows better who is closer to his people ( tatak indak tasondak, malenggang indak tapampeh ) . Settlement of inheritance disputes according to Minangkabau customary law can be carried out by traditional leaders or through the courts.
The author's advice, first, because customary law is a law that is not rigid and follows the times, it is better to provide a new discourse to the community, especially to customary law writers and teachers that Matrilineal inheritance has actually moved within the scope of dualism of the inheritance law system, namely using a collective inheritance system. Matrilineal and Bilateral Individual inheritance system. Second, so that indigenous peoples, especially the Minangkabau indigenous people, always preserve customary culture, it is recommended that inheritance disputes be resolved through deliberation conducted together with traditional leaders.
Keywords: Heritage-Inheritance-Indigenous Peoples of Nagari Salayo
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