PENERAPAN PEMBAGIAN HARTA BERSAMA DI JORONG TIGO SUKU NAGARI PANINJAUAN KECAMATAN X KOTO KABUPATEN TANAH DATAR SUMATERA BARAT (STUDI HUKUM ADAT MINANGKABAU)

Abstract

Minangkabau inheritance law which is part of the customary law that many ins and
outs because on one hand Minangkabau inheritance law is a continuation in accordance with
the order of the order according to the law of the mother, but on the other hand, it has to do
and influenced by the law of syarak (religion). Among the inheritance in Minangkabau adat
is joint property That is all the income of husband and wife during the marriage period (other
than the property of origin / treasure of gift that follows the origin of the property). In a
parent-married society with free marriages of equal status, the joint quest property (apart
from the original property) can be shared, either because of divorce or the cause of
inheritance.
The problems in this research are 1) How is the system of applying the distribution of
common property to indigenous peoples in Jorong Tigo Sari Nagari Panihat District Koto
Koto Tanah Datar West Sumatra? 2) What is the position of justice in the distribution of
common property in Jorong Tigo Suku Nagari Panihat District Koto Koto Tanah Datar West
Sumatra? Research method in this research is sociological. The location in this study was
conducted in the region of Jorong Tigo Suku Nagari Panihat District X Koto Tanah Datar
West Sumatra. The population in this study is Indigenous and Ninik Mamak. The data source
of this research is primary data and secondary data by collecting data through interview,
literature study. The data analysis technique used is qualitative.
The general description of this research is the general description of customary law.
The general description of Adat Law discusses the definition of customary law, the definition
of adat law according to the experts, the basic principles of customary law, the source of
customary law, the elements of customary law, and the legal basis for the enactment of
customary law.
The system of applying the division of common property in Jorong Tigo Nagari Part
Panihat in accordance with the provisions of positive law, Compilation of Islamic Law (KHI)
and Islamic Shari'a where joint wealth is shared equally, 50% husband and 50% wife. The
justice of sharing the common property in Jorong Tigo Tribe Nagari Paninjauan, as
explained in the discussion, the distribution of common property has been in accordance with
existing provisions, but its implementation in the community does not run in accordance with
these provisions.
Keywords : Customary Law - Joint Property - Justice