The Minangkabau Customary Legal Standing in the Settlement of Customary Land Disputes in West Sumatra and Its Problems in the Sociological Jurisprudence Perspective

Abstract

Describe and analyze the customary legal standing, problems in the application of customary law, and solutions to Minangkabau customary law problems in the settlement of customary land disputes in West Sumatra from the perspective of Sociological Jurisprudence. This research was based on qualitative non-doctrinal legal research. In this case, the law is not only conceptualized as the whole of the principles and rules that govern human life in society but also includes the institutions and processes in realizing the application of these rules in society as the embodiment of the symbolic meanings of social actors, as manifested and seen in and from their actions and interactions. The author set the research setting at the Bukittinggi District Court Jl. Veteran No. 219, Kubu Bancah Kubu, Mandiangin Koto Selayan District, Bukittinggi City, West Sumatra. Based on the research results of the Minangkabau Customary Legal Standing in Settlement of Customary Land Disputes in West Sumatra from the Sociological Jurisprudence Perspective, every legal problem, especially customary land disputes, was resolved by the rules of Minangkabau Customary Law. This was an effort to resolve disputes by the community through a traditional institution known as the Kerapatan Adat Nagari (KAN) which had been recognized and confirmed its position in the West Sumatra Province Regional Regulation No. 6 of 2008 concerning Customary Land and Its Utilization. The problem of the application of Minangkabau Customary Law in the Settlement of Customary Land Disputes in West Sumatra from the Sociological Jurisprudence Perspective is that the settlement of high heritage disputes was carried out through the judiciary. Ideas and Solutions to the Problem of Application of Minangkabau Customary Law in Settlement of Customary Land Disputes in West Sumatra was that it requires a codification that contains the rules of Minangkabau customary law starting from the regency/city, district, nagari to the jorong level in West Sumatra.