PERTIMBANGAN HAKIM DALAM MEMUTUS PERKARA HARTA PUSAKO TINGGI DI DAERAH TANAH DATAR

Tuti Kelana Sembiring (Fakultas Hukum Universitas Ekasakti)
Susanti Sembiring (Fakultas Hukum Universitas Ekasakti)

Ensiklopedia of Journal
Vol 5, No 2 (2023): Volume 5 No. 2 Edisi 3 Januari 2023

Property in Minangkabau society is called pusako. Pusako property can only be inherited through the female lineage. Pusako assets in matrilineal kinship cannot be distributed, mortgaged, let alone sold. Pusako property is permanent in a clan. Based on West Sumatra Regional Regulation No. 6 of 2008 concerning ulayat land or pusako land, it says that ulayat land or pusako land cannot be traded. In Decision Number 9/Pdt.G/2021/PN/Bsk there are pusako rice fields which from 1955 to 2020 were controlled by Drs. H. Metofani MM (Plaintiff) which later in 2020 the Risparizal (Defendant) came to meet the Plaintiff and said that the pusako rice field belonged to his people. Feeling aggrieved, the plaintiff reported it to the Batusangkar District Court. This research is a descriptive research, the approach used is a normative juridical approach, namely an approach to laws and regulations related to judges' considerations in deciding land disputes over Pusako Tinggi in the Tanah Datar area in Decision Number 9/Pdt.G/2021/ PN Bsk. The data used is secondary data which includes primary legal materials, secondary legal materials, and tertiary legal materials collected through library research. The data was then analyzed qualitatively and presented in an analytical descriptive form. Based on the results of the research and discussion conducted, the judge's considerations in making a decision regarding the high inheritance inheritance dispute in decision Number 9/Pdt.G/2021/PN.Bsk are based on the lawsuit of the Plaintiffs which is principally regarding the high inheritance assets, while the lawsuit was not filed by Fauzi Setiawan Dt. Marajo as Mamak Head of Waris, the Panel of Judges declared the lawsuit unacceptable. The two legal consequences of the Judge's Decision in deciding the pusako high land dispute in Decision Number 9/Pdt.G/2021/PN.Bsk are that the judge rejects all the arguments of the plaintiff's lawsuit and requires the plaintiff to pay court fees of Rp. 2,985,000 (Two Million Nine Hundred Eighty Five Thousand Rupiah).Keywords: Property, Pusako, Minangkabau, Judges.