Peranan Lembaga Kerapatan Adat Nagari (KAN) Dalam Menyelesaikan Sengketa Harta Pusaka Menurut Adat Minangkabau (Studi Kasus Di Kenagarian Guguk Malalo)

Monika, Agnes (2020) Peranan Lembaga Kerapatan Adat Nagari (KAN) Dalam Menyelesaikan Sengketa Harta Pusaka Menurut Adat Minangkabau (Studi Kasus Di Kenagarian Guguk Malalo). Other thesis, Universitas Islam Riau.

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Abstract

Basically the kinship system of the Minangkabau customary law community is Matrilineal kinship order to inherit the maternal lineage, both tribes and inheritance the maternal heritage . the inheritances is divided into two, namely low inheritance and high interitance, this high inheritance in general is not uncommon for disputes because these assets shoult not be contested let alone traded, therefore if a dispute occurs let alone traded, therefore if a dispute occurs in the specifically related to inheritance, the settlement is played out by the Nagari Indigenous Density (KAN) This thesis aims to find out how the role of the region Indigenous Density Institutions in settling heritage conflicts according to Minangkabau customs and explaining the factors causing the inheritance disputes in the region Guguk Malalo. To discuss this problem the authors conducted research and library research to obtain primary and secondary document, then conclusions were drawn and described descriptively. Conclusions are draw using the inductive method, and document analysis is obtained qualitatively. Document collection techniquest used in research in the field are used by observing and observing interview techniquest directly to respondent, namely the head of Malayan the region Guguk Malalo, representative in region related to the issues raised in the tittle of the thesis. Whereas in library research, doctoral study techniques are used or other written library materials. Based on the research results it is know that the role of the region indigenous density institution (KAN) in resolving disputes over the heritage treasure is as an institution that facilitates the parties to the dispute to find a solution to the agreement to make peace, not as the party who hears and decides an issue. The cause factor of the inheritance dispute in Guguk Malalo Region is due to his lack of responsibility and lack of concert for the ninik mamak head of inheritance on his duty in maintaining the inheritance., while the number of nephews is decreasing. Another example is because the mamak heirs in the pawning did not notify and not in the permission of the nephews of his people, so when the mamak was gone there arose an intertribal dispute over the mortgaged property, because each party felt the property belonged to him. As for process of resolving the inheritance dispute in Guguk Malalo region, it is settled from the lowest level first, which is called “level rises stairs down”. Completed at the house stage firs, deliberation with mamak kepala waris, then finished with the ninik mamak tribe or headman, then at the region stage that the KAN institution plays a role with several disput ninik mamak. Here KAN has no provides a solution to arhieve agreement and peace toward the parties to the dispute. If it is not finished at KAN because one party is not satisfield with the outcome of the peace on the train, the dispute can proceed to the courth.

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