| Summary: | The purpose of this study to determine the implementation of the mortgage of
agricultural land at Nagari Tujuah Koto Talago Regency Lima Puluh Kota today. To
review the mortgage of agricultural land at Nagari Tujuah Koto Talago Regency
Lima Puluh Kota whether it is accordance with the enactment of Article 7 of Law
Number 56/Prp/1960. To understand how to settle disputes of mortgage according to
the enactment of Article 7 of Law Number 56/Prp/1960 at Nagari Tujuah Koto
Talago Regency Lima Puluh Kota.
Is a sociological legal research is dotted starting at the primary file, the
identification is realized in the study of law and legal effectiveness. The file
collection for the first time is secondary file, is file which is based on the primary
legal materials, secondary, and tertiary and continued with the collection of primary
file. The subjects of this study as respondance are public Nagari Tujuah Koto Talago
who did mortgage of agricultural land as many as 30 people, and a cooperative
corporation. His sources is clan chief at KAN customary organization by 4 people,
the head of the Nagari Tujuah Koto Talago, Registrator and the head civil court of
Regency of Lima Puluh Kota at Tanjung Pati. Using qualitative analysis. The file
presented in the form of frequency distributions, percentages, and narrative form. The
results are presented in a descriptive analysis in the form of thesis.
Mortgage of the agricultural land must be done in writing upon the approval of
the members of the chief beneficiary, the chief of the clan, and witnesses in
concensus within the same family environment, with the provisions that the mortgage
are paid back for their original values intact. The mortgage agreement should be last
at least for a period of two years. This type of mortgage of the agricultural land is not
in accordance with the provisions of Article 7 of Law Number 56/Prp/1960 owing to
public ignorance of the regulation. Mortgage according to the current rules of the law
recognize the duration of the mortgage for a period of 7 years without redeeming,
while customary law does not recognize expiricy and mortgage stays redeemable.
Dispute resolution will be based on customary law, from the lowest level, angle, and
Nagari council provided that in actual decisions by consensus and generate peace.
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