Cancellation of Pusako Tinggi Grants that Have Been Certified by Mamak Kepala Waris in Class Ib Pariaman State Court

Abstract

The problem of managing high inheritance is a problem that often occurs in indigenous peoples in Minangkabau, especially regarding customary rights, customary lands of indigenous peoples. High heritage assets which are divided by grants by clan members to each clan member. Pariaman District Court in handling high customary inheritance disputes in addition to using customary rules, also refers to the Civil Code. The type of research is normative juridical, emphasizing legal material, covering legal principles, legal systematics, legal synchronization level, legal history and legal comparison. The results of this study are: 1) high pusako in Padang Pariaman is a treasure that can be passed down from generation to generation from niniak mamak to nephew, high heirloom treasures can be donated, the method is that members of the clan who are involved in the inheritance must agree, then strengthened by niniak mamak. If the grant is approved, the heirs must submit and be strengthened by the customary niniak mamak, after the grant it can be certified, because the grant has been separated from the person who gave it, unless it is stated in the grant that this grant may not be traded. 2) The granting of high heirlooms. Decision Number 43/Pdt.G/2018/PN.PMN, namely: due to the sense of responsibility of mamak to nephew to improve their standard of living by giving a grant for the high inheritance land which should be protected and not against the law registers the land of the grant to be owned and controlled forever by members of his family and descendants. Decision Number 48/PDT.G/2018/PN.PMN was due to the bad faith of the mamak who at that time was believed to be the head of the heir secretly wanted to control the high inheritance by means of grants and buying and selling of high inheritance land which being certified is a reprehensible act in adat. 3) Decision Number 43/Pdt.G/2018/PN.PMN The judge's consideration was that the grant certificate was contrary to Minangkabau customary law, the grant was a conditional grant, and in Decision Number 48/PDT.G/2018/PN.PMN registration of ownership rights on the object of the case is declared to be against the law so that the a quo case for the issuance of the certificate does not meet the requirements in the transfer of rights to high inheritance land because the defendant is not a member of the clan of the plaintiffs so that the issuance of the certificate is legally flawed because of a legal act that preceded it.