PENYELESAIAN SENGKETA GADAI TANAH BERDASARKAN HUKUM ADAT NAGARI TIKU KECAMATAN TANJUNG MUTIARA KABUPATEN AGAM PROVINSI SUMATERA BARAT

Abstract

Land disputes often occur because one of the parties feels that their interests
have been harmed or they feel that their rights have been taken away. This dispute
can be resolved by litigation (court) or non-litigation (out of court). The parties
have the freedom to choose which path will be taken to resolve the case. However,
if the community is in a customary law environment, usually the dispute will be
resolved by custom first.
To discuss the settlement of land disputes according to customary law in
Nagari Tiku, the authors formulate two problems, namely: how to implement land
pawning in Nagari Tiku, Tanjung Mutiara sub-district, Agam district, and how to
resolve land pawn disputes according to customary law in Nagari Tiku, Tanjung
Mutiara sub-district.
This type of research can be classified in the type of sociological research
and data collection techniques in this research by way of library studies and
direct interviews with ninik mamak who resolve land disputes and the parties to
the dispute. And the data analysis that will be used in this research is a qualitative
method, in which the description of the research is in the form of words without
using numbers based on applicable laws or norms.
From the results of the study there are several things that can be concluded.
First, there are still many people in Nagari Tiku who carry out pagang-pawn
agreements using oral language. Second, there are many pagang pawn
agreements that last for decades and even pagang pawns continue to the
descendants of the parties who do pagang pawns. Which is a problem in the
future when the heirs want to complete a pawn agreement.
Keyword : Dispute, Pawn, Land, Customary Law