The Customary Minangkabau Law

Oct 13, 2025 by recoveryshake.com 59 views

Buying and Selling of High Heritage Land: Examining the Legal and Adat Dilemma in Koto Tangah District

Introduction

The buying and selling of high heritage land in Koto Tangah District, Padang City, has become a pressing issue. High heritage land, which is hereditary heritage from ancestors, is generally considered not to be sold in the Minangkabau custom. However, the practice of buying and selling high heirlooms occurs in Koto Tangah. This research aims to examine the factors driving the sale and purchase, the implementation process, and the constraints encountered, as well as efforts to resolve them.

The Legal Framework

Legally, land buying and selling is regulated in the Land Law (LoGA). This law means buying and selling as an agreement in which the seller promises to submit ownership rights to land to buyers, and buyers promise to pay the agreed price. However, in the context of high heritage land, there are customary rules that need to be considered. The Minangkabau custom, which is the traditional law of the Minangkabau people, prohibits the sale of high heritage land. This is because high heirlooms are considered as an inseparable joint property from family genealogy.

The Customary Minangkabau Law

Traditionally, the Minangkabau custom prohibits the sale of high heritage land. This is because high heirlooms are considered as an inseparable joint property from family genealogy. However, changing times and socio-economic dynamics cause violations of this customary regulation, including in Koto Tangah. The Minangkabau custom has four conditions that justify the sale of high heritage land, known as Mayik Tabuju in Tangah Rumah, Gadih Gadang Indak Balaki, Katirisan Gadang Rumah, and Mambangkik Batang Tarandam. However, in Koto Tangah, the sale and purchase of high heritage land is not based on these conditions, but on various other factors such as economic needs, extinction factors, and public interests.

Research Methodology

This research uses a sociological-legal approach by collecting primary and secondary data through documentation and interview studies. The data obtained were analyzed by inductive-deductive methods. The research aims to provide a comprehensive understanding of the buying and selling of high heritage land in Koto Tangah District.

Results of the Study

The results of the study show that:

The sale and purchase of high heritage land in Koto Tangah is not based on the four conditions justified by the Minangkabau custom, but based on various other factors such as economic needs, extinction factors, and public interests.
The process of buying and selling high heritage land in Koto Tangah is required to have a letter of approval from all family members involved. Buying and selling transactions can be done through PPAT, Notary/PPAT, or informally.
Constraints in the process of buying and selling high heritage land arise due to the rejection of some family members. This rejection is completed through three stages, namely by the head of inheritance (mamak), tribal prince, and the density of nagari customs.

Scenario: The Emergence of the Sale and Purchase of High Heritage Land

The emergence of the sale and purchase of high heritage land in Koto Tangah, especially related to economic factors, illustrates the existence of a dilemma between economic demands and customary values. This raises a fundamental question, how to balance the economic interests of the community by preserving the customary values that have been inherited for centuries.

Conclusion

This research can be a reflection material for the Koto Tangah community and the local government to find solutions that can accommodate various interests. Efforts are needed to strengthen the education and understanding of the community of the importance of customary values and the importance of finding a fair and wise middle ground in resolving conflicts related to the sale and purchase of high heritage land.

Recommendations

Based on the findings of this research, the following recommendations are made:

The local government should strengthen the education and understanding of the community of the importance of customary values and the importance of finding a fair and wise middle ground in resolving conflicts related to the sale and purchase of high heritage land.
The community should be encouraged to preserve the customary values that have been inherited for centuries.
The local government should provide support and assistance to the community in resolving conflicts related to the sale and purchase of high heritage land.
The community should be encouraged to find a fair and wise middle ground in resolving conflicts related to the sale and purchase of high heritage land.

Limitations of the Study

This research has several limitations, including:

The research only focuses on the buying and selling of high heritage land in Koto Tangah District.
The research only collects data from primary and secondary sources.
The research only analyzes the data using inductive-deductive methods.

Future Research Directions

Future research should focus on the following areas:

The impact of the sale and purchase of high heritage land on the community and the environment.
The role of the local government in resolving conflicts related to the sale and purchase of high heritage land.
The importance of preserving customary values in the context of the sale and purchase of high heritage land.

References

Land Law (LoGA)
Minangkabau Customary Law
Documentation and interview studies

Note: The references listed above are not a comprehensive list of sources used in the research, but rather a selection of key sources that are relevant to the topic.
Q&A: Buying and Selling of High Heritage Land in Koto Tangah District

Frequently Asked Questions

We have compiled a list of frequently asked questions related to the buying and selling of high heritage land in Koto Tangah District. Below are the answers to these questions.

Q1: What is high heritage land?

A1: High heritage land refers to land that has been inherited from ancestors and is considered to be of great cultural and historical significance. In the Minangkabau custom, high heritage land is considered to be an inseparable joint property from family genealogy.

Q2: Why is the sale of high heritage land prohibited in the Minangkabau custom?

A2: The sale of high heritage land is prohibited in the Minangkabau custom because it is considered to be an inseparable joint property from family genealogy. Selling high heritage land would mean breaking the family bond and losing the cultural and historical significance of the land.

Q3: What are the four conditions justified by the Minangkabau custom for the sale of high heritage land?

A3: The four conditions justified by the Minangkabau custom for the sale of high heritage land are:

Mayik Tabuju in Tangah Rumah (the condition of being in a state of poverty)
Gadih Gadang Indak Balaki (the condition of being unable to maintain the land)
Katirisan Gadang Rumah (the condition of being unable to provide for the family)
Mambangkik Batang Tarandam (the condition of being unable to maintain the family's dignity)

Q4: What are the factors that drive the sale and purchase of high heritage land in Koto Tangah District?

A4: The factors that drive the sale and purchase of high heritage land in Koto Tangah District include economic needs, extinction factors, and public interests.

Q5: What is the process of buying and selling high heritage land in Koto Tangah District?

A5: The process of buying and selling high heritage land in Koto Tangah District involves obtaining a letter of approval from all family members involved. Buying and selling transactions can be done through PPAT, Notary/PPAT, or informally.

Q6: What are the constraints in the process of buying and selling high heritage land in Koto Tangah District?

A6: The constraints in the process of buying and selling high heritage land in Koto Tangah District arise due to the rejection of some family members. This rejection is completed through three stages, namely by the head of inheritance (mamak), tribal prince, and the density of nagari customs.

Q7: How can the community balance economic interests with customary values?

A7: The community can balance economic interests with customary values by finding a fair and wise middle ground in resolving conflicts related to the sale and purchase of high heritage land. This can be achieved through education and awareness-raising programs, as well as through the involvement of local government and community leaders.

Q8: What is the role of the local government in resolving conflicts related to the sale and purchase of high heritage land?

A8: The local government has a crucial role to play in resolving conflicts related to the sale and purchase of high heritage land. This includes providing support and assistance to the community, as well as ensuring that the customary values of the community are respected and preserved.

Q9: What are the implications of the sale and purchase of high heritage land on the community and the environment?

A9: The sale and purchase of high heritage land can have significant implications for the community and the environment. This includes the loss of cultural and historical significance, as well as the potential for environmental degradation.

Q10: What are the future research directions related to the buying and selling of high heritage land in Koto Tangah District?

A10: Future research directions related to the buying and selling of high heritage land in Koto Tangah District include:

The impact of the sale and purchase of high heritage land on the community and the environment
The role of the local government in resolving conflicts related to the sale and purchase of high heritage land
The importance of preserving customary values in the context of the sale and purchase of high heritage land

Conclusion

The buying and selling of high heritage land in Koto Tangah District is a complex issue that involves the intersection of economic, social, and cultural factors. By understanding the factors that drive the sale and purchase of high heritage land, as well as the constraints and implications of this process, we can work towards finding a fair and wise middle ground in resolving conflicts related to this issue.