{"title":"Settlement of Pusako-Tinggi Property Disputes in Nagari Sungai Tarab","authors":"Dodon Alfiander, Ikhsan Azhari, Irma Suryani","doi":"10.32694/qst.v20i1.1140","DOIUrl":null,"url":null,"abstract":"This article examines the decision of the Batusangkar District Court Number 09/Pdt.G/2013 which authorizes the Nagari Adat Density (KAN) of Sungai Tarab to resolve disputes over the division of pusako-tinggi assets, while KAN does not yet have a clear norm regarding it. This study aims to see how KAN accepts the delegation of authority, then resolves disputes in its customary territory with all its implications. This study was conducted qualitatively and presented descriptively. Data obtained through interviews and documentation. This paper explains that the division of the pusako-tinggi assets by KAN Sungai Tarab is carried out with a consensus mechanism by niniak mamak and alim ulama, so that their decisions do not conflict with Islamic law. The status of the pusako-tinggi property is decided to remain in the ownership of the clan, except for parts that have been certified and have changed status to become the private property of clan members. This decision has a positive impact in the form of more clarity on the management and ownership of the people of property. While the negative impact is triggering members of other clans to demand a similar pattern of inheritance distribution, as well as efforts to disgrace each other to fight over inheritance.","PeriodicalId":33705,"journal":{"name":"AlTADIB Jurnal Kajian Ilmu Kependidikan","volume":"4 8 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"AlTADIB Jurnal Kajian Ilmu Kependidikan","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.32694/qst.v20i1.1140","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
摘要
本文审查巴图桑卡地区法院第09/Pdt号判决。G/2013授权Sungai Tarab的Nagari Adat Density (KAN)解决关于pusako-tinggi资产分割的纠纷,而KAN尚未对此有明确的规范。本研究旨在了解日本如何接受权力委托,然后解决其习惯领土内的争端及其所有影响。本研究定性进行,描述性呈现。通过访谈和文件获得的数据。本文解释了KAN Sungai Tarab对pusako-tinggi资产的分割是通过niiniak mamak和alim ulama的共识机制进行的,因此他们的决定不与伊斯兰教法相冲突。pusako-tinggi财产的地位被决定保留在氏族所有,除了已被证明并已改变身份成为氏族成员私有财产的部分。这一决定产生了积极影响,使财产的管理和所有权更加明确。而负面影响则引发了其他氏族成员要求类似的遗产分配模式,以及为争夺遗产而相互羞辱的努力。
Settlement of Pusako-Tinggi Property Disputes in Nagari Sungai Tarab
This article examines the decision of the Batusangkar District Court Number 09/Pdt.G/2013 which authorizes the Nagari Adat Density (KAN) of Sungai Tarab to resolve disputes over the division of pusako-tinggi assets, while KAN does not yet have a clear norm regarding it. This study aims to see how KAN accepts the delegation of authority, then resolves disputes in its customary territory with all its implications. This study was conducted qualitatively and presented descriptively. Data obtained through interviews and documentation. This paper explains that the division of the pusako-tinggi assets by KAN Sungai Tarab is carried out with a consensus mechanism by niniak mamak and alim ulama, so that their decisions do not conflict with Islamic law. The status of the pusako-tinggi property is decided to remain in the ownership of the clan, except for parts that have been certified and have changed status to become the private property of clan members. This decision has a positive impact in the form of more clarity on the management and ownership of the people of property. While the negative impact is triggering members of other clans to demand a similar pattern of inheritance distribution, as well as efforts to disgrace each other to fight over inheritance.