TINJAUAN TENTANG HAK WARIS ADAT DALAM TERJADINYA PUTUS WARIS MENURUT HUKUM ADAT MINANGKABAU DI NAGARI SALAYO KABUPATEN SOLOK

Abstract

The Minangkabau indigenous people are people who adhere to the Islamic
religion, as has been confirmed in the Minangkabau traditional proverb which
reads Adaik basandi syarak, syarak basandi Kitabullah which means custom
based on Islam, religion based on the book of Allah Subhanahu wa Ta'ala . The
Minangkabau people have their own rules in regulating their society, especially
in the distribution of inheritance. Pusako or pusako property are all tangible
(material) assets, which will be inherited later on to nieces and nephews. This
Pusako is a guarantee for the life and equipment of the nephew's children
Minangkabau.
The purpose of writing this thesis, namely: First, to find out inheritance
rights in the occurrence of putu inheritance according to Minangkabau
customary law. Second: To find out the settlement of inheritance rights disputes
in the event of inheritance breaking according to Minangkabau customary law.
The type of research used in this study is a type of sociological research,
which is a part from study law, though there is also which said that social
research on law is not legal research.
From the results of the study, inheritance rights in the occurrence of
inheritance discontinuation based on Minangkabau customary law are based on
the principle of primacy that applies to the nephew group. However, based on
customary functionaries, especially those of IV Jinih, Urang Tuo Suku and the
Chairman of KAN, what applies to determining the right to inherit regarding
sako and harto pusako Tinggi people who are extinct is that while alive the
person who is about to become extinct can appoint or have appointed a person
who will inherit the sako . and the pusako , where the appointed person has a
condition, namely the freedom of the extinct person to appoint the person who
will inherit his sako and pusako , where the extinct person knows better who is
closer to his people ( tatak indak tasondak, malenggang indak tapampeh ) .
Settlement of inheritance disputes according to Minangkabau customary law can
be carried out by traditional leaders or through the courts.
Keywords: Heritage-Inheritance-Indigenous Peoples of Nagari Salayo