PENGGUNAAN SAKO DALAM SUKU MANDAILIANG OLEH KETURUNAN YANG TIDAK BERHAK DI KAMPUANG GADANG CUBADAK RANDAH NAGARI TANJUANG BONAI KABUPATEN TANAH DATAR

Abstract

Customary law is an unwritten law recognized in the Constitution. One of the Minangkabau
indigenous people groups who still adhere to their customs and practice their customary law is
the Tanjung Bonai indigenous Kenagarian community. In the Tanjung Bonai indigenous
community, it is known as the inheritance of the title of prince or an intangible inheritance,
which in the Tanjung Bonai Kenagarian indigenous community is known as sako which is still
thickly passed down from generation to generation. However, in reality the problem regarding
the inheritance of the sako title has created a conflict between the descendants of Dt.Domo and
Muslims. Where Muslims are actually immigrants who claim to be mamak to the Dt.Domo and
claim that the Dt.Domo have become extinct.
The type of research used in this study is sociological juridical, so in this study the authors
collected data through interviews. This research was conducted in Nagari Tanjung Bonai, Tanah
Datar District. While the entire population and sample of parties related to the problems studied
in this study, the data sources used are primary data, secondary data and tertiary data.
From the research problem there are two main things that can be concluded, first, the
factors causing the use of sako in the Mandailing tribe by illegitimate descendants in Kampung
Gadang Cubadak Randah Nagari Tanjung Bonai Tanah Datar Regency are roads in Aliah
Urang Paladang, Cupak in Aliah Urang Panggaleh, Karambiah indak tumbua di mato, Alah
lime deck binalu. Second, the customary settlement for the use of sako in the Mandailing tribe by
illegitimate descendants in Gadang Cubadak Randah Nagari Tanjung Bonai Village, Tanah
Datar Regency is based on the concept of "Bajanjang naiak Batanggo Bawah" meaning that
every dispute needs to be resolved through the lowest level process first. And the results of
deliberations or the results of dispute resolution by ninik mamak or people who are elders in the
custom are expected to be obeyed by the disputing parties and resolved in a non-litigation
manner, namely through mediation, which is defined as the process of participating a third party
in resolving a dispute as an advisor. Suggestions from the results of this study are. First, it is
hoped that the Karapatan Adat Nagari will be more active in making rules for inheriting sako, as
well as the existing princes can socialize how adat regulates this inheritance so that there will be
no more misunderstandings in this inheritance. Second, it is hoped for the Nagari Tanjung
customary community Bonai to revive the prevailing customs so that they can be passed on to the
next generation.
Keywords: Sako, Tribe, Descendants