KEDUDUKAN PERJANJIAN JUAL BELI TANAH PUSAKA TINGGI DI JORONG GUGUAK NAGARI GUGUAK VIII KOTO KECAMATAN GUGUAK KABUPATEN LIMA PULUH KOTA MENURUT HUKUM ADAT MINANGKABAU

Abstract

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 being examined. This research was conducted in Jorong Guguak Nagari Guguak VIII Koto, Guguak District, Lima Puluh Kota District, while the sample population was all parties related to the problems studied in this study, the data sources used, primary data and secondary data, data collection techniques in this study. with literature review interviews and data analysis. From the research, there are two things that can be concluded. First, the position of buying and selling high inheritance in Jorong Guguak Nagari Guguak VIII Koto, Guguak District, Lima Puluh Kota Regency based on Minangkabau customary law is that high inheritance assets may not be transferred to other parties. The sale and purchase of high pusako land according to Minangkabau customary law must be carried out in limbago, namely the consent of the clan, the approval of the Mamak Kepala Waris, the Mamak Kapalo and the chiefs of the Ka Ampek tribes, the approval of the Kerapatan Adat Nagari (KAN). Second, the settlement of disputes for sale and purchase of high inheritance assets based on Minangkabau customary law carried out by (densities adat / niniak mamak) in this case is the settlement of disputes for sale and purchase of tanah pusako tinggi or high pusako land is settled by "bajanjang naiak batanggo turun". In resolving disputes according to Minangkabau customary law, truth is placed at the highest level by placing customary stakeholders as executors of the truth who position consensus agreement. The author's suggestion is that Niniak Mamak is expected to provide guidance to nephews on the importance of high inheritance and to the community in the village of Guguak VIII Koto who are involved in a dispute over customary rights so that they can resolve the conflict through customary institutions.
Keywords: Land Sale and Purchase Agreement Pusako Tinggi- Minangkabau Customary Law