PERTIMBANGAN HAKIM DALAM SENGKETA PAGANG GADAI (ANALISIS PERKARA NOMOR 22/PDT.G/2022/PN.PMN)

Abstract

This article is an analysis of the considerations of the panel of judges at the Pariaman District Court in examining, deciding and adjudicating cases of pawn broker disputes or default claims between the pawnbroker/owner of the pawned object and the pawnbroker/owner of the pawned object. Pagang pawn is a traditional pawn that is still practiced and found in the Minangkabau customary law community, by mortgaging land or rice fields belonging to the clan to other parties with transactions in the form of gold or jewellery. As a legal state that provides legal certainty and protection for every citizen, Indonesia since 1960 has issued a Government Regulation in Lieu of Law of the Republic of Indonesia Number 56 of 1960 concerning Determination of the Area of ​​Agricultural Land, one of the articles in this regulation contains provisions that regulate the time period. pledging land and agricultural land. So the problem formulation in this paper is: 1. Implementation of Pawning According to Minangkabau Customary Law, 2. Judge's considerations in deciding the pawn dispute in case Number 22/Pdt.G/2022/PN.Pmn