KEDUDUKAN HUKUM TENTANG KEPEMILIKAN HAK ATAS TANAH DALAM PENGALIHAN HARTA PUSAKA TINGGI
Abstract
Ancestral communal property is a concept within customary law governing the distribution of inheritance to daughters, while sons bear the obligation to safeguard such property. This study aims to determine the legal standing of land ownership rights regarding the transfer of, It employs a normative-juridical research method with a descriptive-analytical approach, utilizing secondary data gathered through library research. The findings indicate that the legal status of land ownership rights in the transfer of operates within a framework of dualism between customary law and national law; specifically, as collective ancestral property belonging to a lineage within matrilineal societies like the Minangkabau, such land cannot be transferred on an individual basis without the consent of all lineage members and the completion of customary deliberation.
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