Rizqina, Miftah (2023) Analisis Kasus Sengketa Perbuatan Melawan Hukum Terhadap Tanah Harta Pusaka Tinggi Kaum Dt. Paduko Sati Suku Pitopang Yang Dialihkan Haknya Tanpa Persetujuan Ninik Mamak Di Koto Panjang Dalam, Kota Payakumbuh (studi Perkara Nomor 46/pdt.g/2021/pn Pyh). Other thesis, Fakultas Hukum.

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Abstract

High inheritance land is customary land belonging to a clan which is used for the welfare of their nephew's children, especially to meet their economic needs. High heirloom land in Minangkabau may not be traded or mortgaged, especially without the approval of the ninik mamak, which can lead to cases of ulayat land disputes in the future. As is the case with the unlawful act that occurred in Koto Panjang Dalam Village, Payakumbuh City where the high inheritance belonging to the Dt. Paduko Sati's rights who was diverted the approval of the ninik mamak. This thesis aims to find out the process of ownership of a high inheritance land according to the customary law of the Dt. Paduko Sati and to find out the determinants of unlawful acts against the high inheritance land of the Dt. Paduko Sati whose rights were diverted without the approval of the ninik mamak in Koto Panjang Dalam Village, Payakumbuh City. This legal research is a combination of normative and empirical legal research. This type of research method is intended to solve existing problems by using document data which is a case decision file Number 46/Pdt.G/2021/PN PYH and direct interviews with traditional leaders, indigenous peoples, and parties related to this research for later a result is obtained. The results of the research that the authors obtained were the process of ownership of a high inheritance land according to the customs of the Dt. Paduko Sati is First, the procedure for meetings conducted by the clans where the contents of the meeting are to ask permission from the parties deemed necessary such as the head of the heirs, the head of the clans, representatives of clan members, and the results of the meeting will be notified to the Datuak Kaompek Adat Tribe and Density Nagari (KAN). Second, the procedure for dealing with the documents required in the transfer of high inheritance rights made by the clan or parties who will get the transfer of high inheritance rights. And as for the Determining Factors of the unlawful act dispute against high heritage land with Case Number: 46/Pdt.G/2021/PN PYH is the first, Defendants 1, 2, 3, 4, and 5 are proven to be land buyers with bad intentions because they traded land as the object of the case without the permission of the authorities and the ninik mamak, which means that the defendants have indeed committed an unlawful act. Second, Defendant 6 was proven to have pawned the object of the case without the permission of the authorized ninik mamak. So the pawn committed by the defendant is indeed an unlawful act.

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