CD Skripsi
Tinjauan Hukum Terhadap Hibah Tanah Yang Disengketakan Oleh Ahli Waris Para Pihak (Studi Hibah Tanah Antara Miak Asin Imam Mulia Dan Syarkawi Dt Majo Lelo Di Nagari Sitanang)
ABSTRACT
Customary law grants are divided into two, namely ordinary grants and
will grants. Grants according to Minangkabau customary law are closely related
to Islamic law. The implementation of the Grant refers to the Matrilineal system,
which means a hereditary system based on the mother's lineage. In addition, the
transfer of land rights through community grants and inheritance can also be
given to heirs who are one descendant of the mother but can also be given to the
lateral line, namely between mamak and nephews. In the field practice, especially
in the Kenagarian area of Sitanang, Agam Minangkabau, there was a problem of
disputes between the heirs of the two parties, the grantee and the grantee. the
object in dispute is the land grant of the people which is the high inheritance of
the Caniago clan.
This research is to determine the extent of the implementation of the
disputed land grant by the heirs of the parties in Nagari Sitanang according to
Minangkabau customary law. This type of research can be classified in the type of
sociological legal research (empirical), because in this study the author directly
conducted research at the location or place being studied in order to provide a
complete and clear picture of the problem under study. This research was
conducted in the Nagari Sitanang area, Ampek Nagari District, Agam Regency,
due to the location of the Adat Nagari Sitanang Institute, while the population and
samples were Mamak Kepala Waris, Kerapatan Adat Nagari Sitanang, Wali
Nagari Sitanang, and disputing inheritor. The data sources used are primary data
and secondary data. Data collection techniques in this study were interviews,
questionnaires, and literature review.
The conclusions that can be obtained from the results of the research
are First, that at first the land was the land of the Caniago tribe which was a high
inheritance. his nephew and the giving of the grant obtained the approval of all
members of the clan and fulfilled the conditions for giving the grant based on the
Minangkabau Customary Law. Second, the settlement of disputes between the
heirs of the parties is resolved by means of consensus between Kerapatan Adat
Nagari, Mamak Kepala Waris, and the disputed heirs by negotiating and finding a
conciliatory result that the land is permanently allocated to the heir, namely Wetri
Juliani.
Keywords: Existence - Land Grants for the People - Indigenous Community of
Nagari Sitanang
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