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Devirianti Effendi
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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PERTIMBANGAN HAKIM DALAM PENYELESAIAN SENGKETA TANAH PUSAKO TINGGI (Analisis Putusan Nomor 32/Pdt.G/2020/PN. Pdg) Devirianti Effendi; Yenni Fitria
UNES Law Review Vol. 4 No. 4 (2022): UNES LAW REVIEW (Juni 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i4.281

Abstract

Inheritance property is anything left by a person who dies whether the property belongs to him or belongs to someone else. According to INPRES No. 1 of 1999 concerning the Compilation of Islamic Law (KHI) article 171 paragraph a Inheritance law is the law that regulates the transfer of ownership rights to the inheritance (tirkah) of the heirs, determining who is entitled to become heirs and how much of each. Socio-economic and cultural changes have shifted people's perspective on the world, including their orientation and views on the Minangkabau social system, touches of modernization with a capitalist economic style. However, it is related to inheritance and property ownership issues, usually assets are inherited by mamak (uncle) to nephews (sisters) or maternally, by pressing economic needs and changing views on property. This makes a conflict or dispute over inheritance, namely the high pusako land in a tribe or tribe in Minang-Kabau. The problems discussed are, first, how is the judge's consideration in resolving the high pusako land dispute? second What are the legal obstacles in the settlement of the high pusako land dispute? The approach method used in this study is the author uses a normative juridical approach to the problem under study, namely the decision Number 32\Pdt G/2020/PN.Pdg.
PENYELESAIAN SENGKETA TANAH MILIK ADAT MELALUI MEDIASI (Studi Kasus pada Kantor Pertanahan Kota Solok) Devirianti Effendi; Yenni Fitria
UNES Law Review Vol 5 No 1 (2022): UNES LAW REVIEW (September 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i1.297

Abstract

Customary land disputes arise because of a concrete relationship between people (legal entities) and their land. The relationship is in the form of use, utilization, ownership and interest, which can lead to disputes. Disputes can be resolved through peaceful means, one of which is mediation, but with the rule of law regarding mediation, its implementation has not been effective because it is seen from the level of dispute resolution through mediation at the Solok City Land Office and the success rate is still low. This research is descriptive in nature using the approach method as the main approach by collecting the necessary literature in the form of books, internet sites and legislation on mediation, the National Land Agency, and is supported by an empirical juridical approach and supported by an empirical juridical approach. The problems that the author discusses are First, How is the implementation of mediation in handling and resolving cases of customary land disputes at the Land Office of Solok City, Second, what are the obstacles faced in resolving disputes through mediation, Third, what laws are carried out in resolving the dispute
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