Pelaksanaan Pewarisan Pusako Randah di Nagari Padang Laweh Malalo Kabupaten Tanah Datar

Abstract

Distributing inheritance of pusako randah (low-ranked inheritance or the wealth generated from income) as means of livelihood is contradictory to the system of distributing collective inheritance on harta pusako tinggi (high-ranked inheritance) in the Minangkabau traditional community in which the right heir from the mother side. The research problems are how about the concept of harta pusako randah according to the Minangkabau customary law. how about its implementation in the area of Nagari Padang Laweh Malalo customary law, and how about the obstacles in its implementation. The research employs descriptive analytic method with juridical normative and juridical empirical approaches. The data consist of primary data and secondary data, are collected through library research and field research. and are analyzed by using qualitative method The concept of harta pusako randah, according to the Minangkabau customary law, is means of livelihood from parents while they are still alive which is bequeath to their children. Harta Pusako Rada is distributed based on faraidh law (Islamic Inheritance Law) so that Islam changes the kinship system from big family to nuclear family that consists of father, mother, and children. Its implementation is that when the parents die. the inheritance will be distributed to their children, based the Islamic Inheritance Law in which the ratio is 2 for males and 1 for females. In practice, however, the distribution in this area is done based on the agreement among heirs because, basically, the distribution of inheritance is heirs internal domain whereas mamak (uncle from the mother's side) only monitors the situation in order to avoid conflicts, if any. Obstacles in its implementation usually occur because the Minangkabaunese have the habit of living in other regions so that when the inheritance is distributed, not all of the heirs are present for finding agreement among them and some the heirs probably have died so that it is very difficult to have an agreement among them. Nevertheless, no litigation or Kerapatan Adat Nagari has been held so far in the case of distributing inheritance of harta pusako randah.