Settlement of Land Pawn Disputes Through Courts in West Sumatra

Abstract

The legal act of pawning is a two-party legal act, which involves the pawnbroker and the pawner. Manggadai is a land transaction. But the right to land remains with the land owner. The pawn recipient has the right to work on the pawned land and collect income from the pawned land. The problem is how the causes of land mortgage disputes in West Sumatra, how the process of resolving land mortgage disputes through the court in West Sumatra, and how the legal considerations of judges in deciding land disputes in West Sumatra. The method used in this study is the normative juridical method. The normative juridical method is carried out using a case approach. Based on the problems mentioned above, the results of the study are obtained. First, there are 5 (five) factors that cause land mortgage disputes in West Sumatra, namely not paying ransom for land pawns. One of the parties committed an illegal act, namely in the case of land acquisition without a legal basis. Default to the pawnshop agreement either in terms of not giving something, giving something but not on time, not doing something, doing something that is prohibited. Instead of a pawn without the agreement of the land owner, the pawn is only done by the pawn recipient and the pawn recipient. A bad intention from one of the parties. Second, in the settlement of land mortgage disputes, it should be resolved through mediation through both litigation and non-litigation. Third, the panel of judges in ruling a land pawning dispute must also consider the applicable customary law and the pawn merchant agreement itself. Law Number 56 Prp of 1960 must be changed or replaced, especially Article 7 concerning land pawning. Amendment or replacement of Law Number 56 Prp of 1960 must be by law, not by statutory regulations under the law. So the President or the House of Representatives must take the initiative to submit a bill for amendment or a bill to replace Law Number 56 Prp of 1960. Because Article 7 of Law Number 56 Prp of 1960 is clearly contrary to the Minangkabau Customary norm governing pawning agricultural land. And if no action is taken against the prevailing legal norms, according to the author, more land pawn cases will emerge in court. As well as in the drafting of the aforementioned Bill, it must involve all indigenous peoples throughout Indonesia, especially the Minangkabau indigenous people through representatives of traditional leaders as well as agrarian and customary law experts.