settlement of land pawn disputes through courts in west sumatra

The legal act of pawning is a two-party legal act, which involves the pawnbroker and the pawner.manggadai is a land transaction. but the right to land remains with the land owner. the pawn recipienthas the right to work on the pawned land and collect income from the pawned land. the problem is howthe causes of land mortgage disputes in west sumatra, how the process of resolving land mortgagedisputes through the court in west sumatra, and how the legal considerations of judges in deciding landdisputes in west sumatra. the method used in this study is the normative juridical method. thenormative juridical method is carried out using a case approach. based on the problems mentioned above,the results of the study are obtained. first, there are 5 (five) factors that cause land mortgage disputes inwest sumatra, namely not paying ransom for land pawns. one of the parties committed an illegal act,namely in the case of land acquisition without a legal basis. default to the pawnshop agreement either interms of not giving something, giving something but not on time, not doing something, doing somethingthat is prohibited. instead of a pawn without the agreement of the land owner, the pawn is only done bythe pawn recipient and the pawn recipient. a bad intention from one of the parties. second, in thesettlement of land mortgage disputes, it should be resolved through mediation through both litigation andnon-litigation. third, the panel of judges in ruling a land pawning dispute must also consider theapplicable customary law and the pawn merchant agreement itself. law number 56 prp of 1960 must bechanged or replaced, especially article 7 concerning land pawning. amendment or replacement of lawnumber 56 prp of 1960 must be by law, not by statutory regulations under the law. so the president orthe house of representatives must take the initiative to submit a bill for amendment or a bill to replacelaw number 56 prp of 1960. because article 7 of law number 56 prp of 1960 is clearly contrary to theminangkabau customary norm governing pawning agricultural land. and if no action is taken against theprevailing legal norms, according to the author, more land pawn cases will emerge in court. as well as inthe drafting of the aforementioned bill, it must involve all indigenous peoples throughout indonesia,especially the minangkabau indigenous people through representatives of traditional leaders as well asagrarian and customary law experts.