Perkembangan Hukum Adat di Indonesia : Studi Mengenai Refleksi Gadai Tanah di Kabupaten Mandailing Natal Sumatera Utara

Abstract

Transaction of land Pledge can be found all over Indonesia with various terms used by the local people. The difference from one area to another is not so principal; they are different in its implementation only. In the society of Mandailing, the district of Mandailing Natal of North Sumatera, Land Pledge was formerly known as "dondon susul" a seperate means of mutual help in the society when one was in urgent need of money. In line with its development the term is now more popularly known as "gade angsur" or "gade ongkos purjolo" or "gade tano". It is an institution which cannot disappear from the society. It has rooted deeply in the society but never receives attention either from the Government or from the scientist to be extensively studied and developed as an institution which has been internalized in the society. It remains as a neglected institution and grows beyond the formal system of law. It does not have a clear status as an institution which is capable of giving economic value to support the living of the rural societies in particular. In line with the demand of regional autonomy at present, the institution of land pledge is still worth-exposing as a norm of law which still lives and roots in the society. The sociological law research was carried out in the society of Mandailing, a district of Mandailing-Natal of North Sumatra using qualitative approach. Twelve villages were taken as sample from which 41 living cases of land pledge were studied. The data were collected by interviewing the sample 230 respondents were interviewed. The collected data were analyzed qualitatively in order to draw some conclusions. It has been found out that the institution of land pledge is still in existence. However it has developed greatly and has been influenced by the Progress of the life of the society and the entry of money into the society. The regulation of Hak Tanggungan implemented by the government caused the institution of land pledge - in the past it was a seperate act- to develop as an act of profit- making for certain people; so it has deviated from its original aim. However its original characteristics do not disappear. The act of land pledge is usually done among the members of the society without the knowledge of the village head, and without following the formal regulations so that it grows without the protection of law which is needed by the doers. If a conflict occurs, those who will tackle the problem are the village head together with the prominent traditional figures from the local village. It has been found out that there was only one conflict on the land pledge. That had been brought into Court and had been settled. The institution as if grows outside the reach of law. Some people said that it was no longer useful to promote their standard of living nor to raise the living of their descendante to a better condition, as one of the aims of the land pledge. Therefore as an institution whose existence is obscure, but has rooted deeply in the life of the rural societies, it is the time now to legalize it to be a profitable institution that may be are realize the society's wish in line with the growing demand of the regional autonomy at present.