Nasution, Dhea Luthfi Amanda (2023) Pelaksanaan Perjanjian Penguasaan Tanah Pertanian Dengan Hak Gadai (studi Di Nagari Kandang Baru Jorong Samiek Kabupaten Sijunjung Sumatera Barat). Other thesis, Universitas Islam Riau.

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Abstract

Among Indonesians, land pawning is not a new thing. According to the provisions stipulated by customary law, a land lien is a form of land transaction (grond transactie) that can be likened to a loose sale and an annual sale, but mortgaging land rights in the customary law system is different from the lien in the civil law system. The main problems in this study are twofold, namely: first, how to implement the agreement on agricultural land tenure with liens in Nagari Kandang Baru, Sijunjung Regency, West Sumatra, and second, how to resolve disputes in agricultural land tenure agreements with liens in Nagari Kandang Baru, Sijunjung Regency, West Sumatra. The research method used in this study is included in the type of observation research. That is done by means of a survey or reviewing directly to the research location using data collection tools, namely interviews. Meanwhile, judging from its nature, this research is descriptive analytical. Based on the results of the research, it can be stated that the form of implementation of the agreement on agricultural land tenure with liens in Nagari Kandang Baru Jorong Samiek, West Sumatra is seen from several aspects, namely: pawner, lien receiver, and KAN. The implementation of sando pogang in Nagari Kandang Baru can be done in two ways, namely orally and in writing. The implementation of the agreement on the control of agricultural land with liens is carried out by knowing the closest relatives and heirs, land equivalents, and ninik mamak. The form of dispute resolution of agricultural land tenure agreements with liens in Nagari Kandang Baru Jorong Samiek West Sumatra, seen from several factors, namely: pawners, lien recipients, and KAN. From the results of the author's research, the form of dispute resolution in Nagari Kandang Baru began with both parties who were asked to conduct deliberations with the heirs who at that time were witnesses in pawning agricultural land. The two parties who meet, the first thing to do is to meet or solve the problem of Mamak Pusako.

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