CD Skripsi
Penyelesaian Sengketa Tanah Ulayat Oleh Ninik Mamak Di Nagari Koto Tangah Kecamatan Tilatang Kamang Kabupaten Agam
ABSTRACT
Ninik mamak is responsible for the problems that occur in society. This
includes the inheritance owned by his people (land). In Minangkabau custom, by
placing traditional stakeholders as executors of the truth that positions consensus
deliberation. The current situation is that the roles and responsibilities of the
ninik mamak and customary courts have begun to be neglected and rely on
national law, this is being done by several parties to gain legal force. The purpose
of writing this thesis: first, to find out the role of ninik mamak in resolving ulayat
land disputes according to customary law, second, to find out the factors causing
the shift in the role of ninik mamak in resolving ulayat land disputes in Nagari
Koto Tangah, Tilatang Kamang District, Agam Regency, third, to find out the
efforts so that the role of the ninik mamak revives in resolving ulayat land
disputes based on customary law in force in Nagari Koto Tangah, Tilatang
Kamang District, Agam Regency.
This research is classified in the type of sociological research, because the
author directly conducts research on the location or point being examined to
provide a complete and clear picture of the problem under study. The research
was conducted in Nagari Koto Tangah, Tilatang Kamang District, Agam
Regency, while the population and sample were all parties related to the problems
studied in this study, the data sources used were primary data and secondary
data, data collection techniques in this study were interviews, literature review.
and data analysis.
From this research, there are three things that can be concluded. First, the
role of Ninik Mamak in resolving customary land disputes based on customary
law is as a party that can decide fairly on a dispute. the role of the ninik mamak
here has shifted because one of the parties did not follow Minangkabau custom in
accordance with the principle of bajanjang naiak Batanggodown and sued the
court to obtain a legal ruling so that the role of the ninik mamak here is ignored.
Second, the factors causing the shift in the role of Ninik Mamak, namely the
fading function of ninik mamak in the ethnic group, nephews who do not
understand the provisions on pusako assets, so that land disputes often occur.
Third, efforts to revive the role of the ninik mamak, namely optimizing the main
functions of the ninik mamak for their nephews and the community. They are
required to increase their knowledge in the field of leadership and customary law,
especially with regard to sako and pusako so that the role of the ninik mamak
continues to live in the environment of their children, nephews and members of
their people. Author's suggestion To ninik mamak and mamakkapala waris it is
hoped that they will carry out their obligations in society by increasing their
knowledge in the field of leadership and customary law and for parties to the
dispute to better understand customary rules regarding inheritance and
customary land so that disputes do not occur among members of the clan.
Keywords : Ninik Mamak – Communal Land – Dispute Resolution
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