Proses Jual Beli Tanah Adat Masyarakat Minangkabau Berdasarkan Perspektif Hukum Adat & Hukum Positif (Studi kasus Putusan Kasasi Mahkamah Agung Nomor 1826 K/Pdt/2014)

The objectives of this research include: a) To find out the provisions of the sale and purchase of customary land of the Minangkabau community based on customary & positive law; b) To find out the process of dispute settlement of the sale and purchase of customary land of the Minangkabau community based on customary law and positive law. The research approach carried out by the researcher is doctrinal, this is based on the fact that the law is considered a written norm and promulgated by institutions or officials who have the authority. The results obtained are that customary land is allowed to change ownership with the terms and conditions that apply on the basis of Minangkabau customary law. The transfer of customary land through pawning has a temporary status based on the agreement of the parties concerned and can be redeemed at any time if necessary. Customary land in Minangkabau is part of high inheritance, this means that buying and selling cannot be done completely (absolutely) because customary land with pawn status must be redeemed by the family including the giver and family members with the status of the owner of the customary land until its status back to the owner. Ownership status is based on family members and if family members use or utilize the ulayat land, they must obtain approval from the family. Family members are the owners of ulayat land so that the mamak of the head of the heirs can give permission regarding its use. The applicability of Minangkabau customary law and positive law can be seen from the statement of Article 5 of the LoGA which explains: "Agrarian law that applies to earth, water and space is customary law, as long as it does not conflict with national and state interests, which is based on national unity, with Indonesian socialism. as well as the regulations contained in this law and with other laws and regulations, everything by taking into account the elements that rely on religious law". Indonesia does not adhere to a precedent system, the decisions of judges, especially the Supreme Court, play a role in the formation of national law. Settlement of disputes over the sale and purchase of customary land is carried out in the applicable customary law system and can also be through the Religious Courts as agreed by the parties