IMPLEMENTASI PEGANG GADAI TANAH ULAYAT KAUM DI NAGARI BARUAH GUNUANG KECAMATAN BUKIK BARISAN KABUPATEN LIMA PULUH KOTA

Yusef Rinaldi, Yusef Rinaldi and Dr. Zarfinal S.H M.H, Dr. Zarfinal S.H M.H (2023) IMPLEMENTASI PEGANG GADAI TANAH ULAYAT KAUM DI NAGARI BARUAH GUNUANG KECAMATAN BUKIK BARISAN KABUPATEN LIMA PULUH KOTA. Diploma thesis, Universitas Bung Hatta.

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Abstract

According to customary law, customary land should not be mortgaged or sold, the custom proverb states “ Ainyo Buliah is drunk, the fruit of the buliah is eaten, in the indak, it is eaten by Bali”. This research is (1) what are the reasons behind the holding of the customs of the customary land in Nagari Baruah Gunuang (2) What is the responsibility of the mamak of the head of the inheritance towards the holding of the customary pawn of the customary land in Nagari Baruah Gunuang (3) What is the authority of the Pawn Giving Against Hold the customary pawn of the customary land in Nagari Baruah Gunuang. This research uses a type of sociological juridical research. The data used includes primary data and secondary data, data collection techniques through interviews and document studies, data are analyzed qualitatively, from research it can be concluded that (1) the reason for holding customary land pawn in Nagari Baruah Gunuang is to help the lives of members of the people who are Having a difficult economy, to the gift or greed of a member of the people, and the unfavorable land of customary land owned by the people by the members of the people, because of the vast customary land owned by the people. (2) Mamak is also responsible in advance to ask the members of his people that is the use of the results of the pawn. (3) The giver of the pawn has the authority to redeem the customary land that has been pawned after the pawn giver has money to redeem the customary land.

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