The Position of Mamak Head of Inheritance in the Management of High Heirlooms in the Padang City Customary Law Community

Oct 13, 2025 by wbrum.org 40 views

The Position of Mamak Head of Inheritance in the Management of High Heirlooms in the Padang City Customary Law Community

Introduction

The Minangkabau society is known for its unique kinship system, which is based on matrilineal traditions and norms. These norms play a significant role in regulating social and legal life in the community. The normative that developed in Minangkabau is sourced from the teachings of the Qur'an, which emphasizes the importance of good deeds and adherence to Islamic principles. In this context, the tradition functions as a law that is in line with the philosophy of "Basandi Syarak Adat, Syarak Basandi Kitabullah" (Based on Customary Law, Customary Law is Based on the Quran). The existence of customary land is also recognized in the 1945 Constitution, and the Agrarian Law No. 5 of 1960 emphasizes the position of customary land in the legal system of the Indonesian people.

The Role of Mamak Head of Inheritance

In the Minangkabau society, the mamak head of inheritance plays a crucial role in the management of high heirloom property land. The mamak is responsible for ensuring that the rights of the members of the people are fulfilled and that land management is carried out well. This is a significant responsibility, as the mamak must balance the needs of the community with the requirements of the government. The mamak must also ensure that land management is carried out in a way that is fair and sustainable, and that the rights of indigenous peoples are protected.

Methodology

This research is a descriptive analysis that aims to obtain comprehensive information regarding the position of mamak head of inheritance in the management of high heirloom property land in customary law communities in the city of Padang. The research location includes three districts, namely South Padang, East Padang, and West Padang. The sample was taken using purposive sampling involving 30 respondents, in which each sub-district was represented by 10 respondents. To complete the data, a direct interview with informants and library studies was conducted. Data analysis was carried out by deductive and inductive methods.

Results

The results of this study showed that the existence of mamak head of inheritance in the management of high heirlooms in Padang City was still ongoing, although there were a number of problems. These problems were often related to land disputes between mamak and nephews, between members of the people, as well as between mamak and government officials. These disputes were generally caused by traditional deviations, such as the application of the wrong pawn and violations of the rights that should be granted according to Minangkabau customary law.

Conclusion

This study made an important contribution in creating legal certainty related to the management of high heirlooms. In addition, it is hoped that the government can arrange clearer rules regarding the management of high heirlooms by the head of the heirloom. This is important to ensure fair use of land and give priority to the rights of local communities. The government is also expected to be more proactive in regulating and compiling regulations that protect the rights of indigenous peoples. With the policy that supports land management fairly and sustainably, it will not only help prevent disputes, but also improve the welfare of local communities through the wise use of high heirlooms.

Additional Analysis

The existence of mamak head of waris as the manager of the land of high heirloom is not only symbolic, but also brings great responsibility to maintain and manage the land inherited. As a leader of the people, the mamak of the head of the inheritance must ensure that the rights of the members of the people are fulfilled and land management is carried out well so as not to cause conflict. Conflicts that occur are often caused by lack of understanding of customary law and practices that are not in accordance with existing norms. This shows the need for education about customary law, both for members of the people and related parties, including the government. Increasing understanding of the importance of sustainable land management and in accordance with customs will be very useful in maintaining harmony in society.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should arrange clearer rules regarding the management of high heirlooms by the head of the heirloom.
The government should be more proactive in regulating and compiling regulations that protect the rights of indigenous peoples.
Education about customary law should be increased, both for members of the people and related parties, including the government.
The importance of sustainable land management and in accordance with customs should be emphasized in order to maintain harmony in society.

Conclusion

In conclusion, the position of mamak head of inheritance in the management of high heirloom property land is very vital in the context of cultural and customary law in the city of Padang. Cooperation is needed between the community, customary institutions, and the government to create fair and sustainable land management, so that Minangkabau cultural values are maintained and respected.
Frequently Asked Questions (FAQs) about the Position of Mamak Head of Inheritance in the Management of High Heirlooms in the Padang City Customary Law Community

Q: What is the role of the mamak head of inheritance in the management of high heirlooms?

A: The mamak head of inheritance plays a crucial role in the management of high heirloom property land. The mamak is responsible for ensuring that the rights of the members of the people are fulfilled and that land management is carried out well.

Q: What are the problems that the mamak head of inheritance faces in the management of high heirlooms?

A: The mamak head of inheritance faces a number of problems, including land disputes between mamak and nephews, between members of the people, as well as between mamak and government officials. These disputes are generally caused by traditional deviations, such as the application of the wrong pawn and violations of the rights that should be granted according to Minangkabau customary law.

Q: What is the significance of the mamak head of inheritance in the context of cultural and customary law in the city of Padang?

A: The position of mamak head of inheritance is very vital in the context of cultural and customary law in the city of Padang. The mamak head of inheritance plays a crucial role in maintaining the cultural values of the Minangkabau people and ensuring that the rights of indigenous peoples are protected.

Q: What are the recommendations for the government to improve the management of high heirlooms?

A: The government should arrange clearer rules regarding the management of high heirlooms by the head of the heirloom. The government should also be more proactive in regulating and compiling regulations that protect the rights of indigenous peoples. Education about customary law should also be increased, both for members of the people and related parties, including the government.

Q: What is the importance of sustainable land management in the context of high heirlooms?

A: Sustainable land management is crucial in the context of high heirlooms. It ensures that the land is used in a way that is fair and sustainable, and that the rights of indigenous peoples are protected. This is important for maintaining harmony in society and ensuring that the cultural values of the Minangkabau people are maintained and respected.

Q: What is the role of education in promoting sustainable land management and customary law?

A: Education plays a crucial role in promoting sustainable land management and customary law. It increases understanding of the importance of sustainable land management and in accordance with customs, and helps to maintain harmony in society.

Q: What are the benefits of promoting sustainable land management and customary law?

A: Promoting sustainable land management and customary law has a number of benefits, including:

Ensuring that the rights of indigenous peoples are protected
Maintaining harmony in society
Ensuring that the cultural values of the Minangkabau people are maintained and respected
Promoting sustainable land management and reducing the risk of land disputes

Q: What is the next step for the government in promoting sustainable land management and customary law?

A: The government should continue to promote sustainable land management and customary law by:

Arranging clearer rules regarding the management of high heirlooms by the head of the heirloom
Increasing education about customary law, both for members of the people and related parties, including the government
Promoting sustainable land management and reducing the risk of land disputes

Q: What is the significance of this study in the context of cultural and customary law in the city of Padang?

A: This study is significant in the context of cultural and customary law in the city of Padang because it highlights the importance of the mamak head of inheritance in the management of high heirlooms. It also emphasizes the need for the government to promote sustainable land management and customary law, and to protect the rights of indigenous peoples.