PELAKSANAAN DAN BERAKHIRNYA GADAI TANAH HARTA PUSAKO TINGGI MASYARAKAT ADAT MINANGKABAU

Abstract

Pawn in Civil Law, regulated in Article 1150 of the Civil Code. Pawning is also regulated in customary law, such as the object of this paper's study, namely pawning the land of High Heritage in Nagari IV Koto Hilir, Batang Kapas District, Pesisir Selatan Regency. The implementation of Pawning for the Land of High Heritage in Nagari IV Koto Hilir was initiated by the pawning party conveying the desire to pawn the land, looking for the party who would receive the pledge, determining the amount of the pledged money, making a letter of agreement. This pawn agreement must be signed by the parties and there must be the signatures of the mamak, the head of the heirs of each party, and the head of the jorong. After the agreement letter is made and signed, the recipient of the pawn gives the loan money to the pawnbroker. The end of the process of pawning the land from the high pusako property is in accordance with what was agreed at the beginning of the agreement. If the pawnbroker has been able to pay the money he borrowed to the pawnee, then the agreement for the implementation of the high inheritance land in Nagari IV Koto Hilir ends. However, there are customary provisions that must be obeyed by the community who will return the land from the results of the Isalang-pisalang implementation, namely: a). If in the agreement the redemption period is determined, then before that period ends, the land owner must wait for the plants planted on the land that are the object of the pledge to be ready to be harvested by the recipient of the land pawn, b) If the land pawner is unable to pay the loan money until the time specified in the agreement letter, the land will remain in the possession of the pawnee until the land owner is able to pay the loan money, even though the pawned land is already one year old.