By Boy Yendra Tamin Dt Dirajo Suri, SH, MH
The existence of customary law is very important and recognized, but there is a tendency in the development of understanding of customary law in a society increasingly eroded in communities where customary law is alive and growing. The same condition is no exception occurs on Minangkabau customary and customary law. The existence of many factors that cause, why it happened and there may even be that it can no longer distinguish between customary and customary law.
The customs itself much sense suggested by experts. One of them said, is customary behavior by and within a society (completed, ongoing, will) "diadatkan". While it is customary mentioned as normative habits maintained by the public, although not continuously repeated, at certain times will be repeated . Others cite the opinion, that is the whole customary customary (unwritten) and live in the community in the form of morals, customs, and the prevalence of a legal effect ".
How to customary law? Is the customary sense or the same meaning as well include the customary law? Academic assessment of customary law given the understanding, that the definition of customary law is an unwritten law in the legislative regulations (unstatutory law) includes the rules obeyed by the people who live by the belief that the rules have the force of law. With such a definition of customary law have not shown a difference between customary and customary law. Because also in the realm customary customary sense as noted. Even with the customary legal sense as it made no difference between the customary and customary law.
In relation between the customary and customary law, then in Minangkabau society known three grooves (Alua) namely;
- Alur customary. Are regulations Minangkabau origin rules made by consensus by the prince said local (Adat Nan Teradat). Can be changed at any time in performing weddings for example, ways of formalizing title and others.
- Alur “pusako”. Are rules that have been received from the ancestors of Minangkabau society, for example the title of "pusako", "pusako", villages (nagari), villages (nagari) terms, undang duo puluah, “cupak dan duo”, “kato nan ampek” and so on.
- Jalan nan pasa. Is the path to be taken by every human being that is the way the world and the hereafter
Furthermore, in Minangkabau society known 4 customary division, namely:
- Adat Nan Sabana Adat, is the principal rules and underlying philosophy of life Minang rate applicable to generation without being influenced by place, time and circumstances, as prefigured in customary words. "Nan ndak lakang dek paneh. Nan Lapuek dek hujan. Paliang balumuik dek cindawan’.
- Adat Nan Diadatkan, is the rules, regulations, teachings, laws and law established on the basis of "round consensus" (agreement) the prince of customary elders, scholars in the customary density assemblies on the basis of flow and worth. There is also interpreted as rules made by Dt. Perpatih Sabatang and Dt Ketemangungan modeled on "adat nan sabana adat " and expressed the rules in the adage.
- Adat Nan Teradat, is constrained by regulatory powers of a village or in some villages to achieve the goal of good in the community. Where this is not the same customary teradat each and every village or can vary between village (nagari). " Adat sepanjang jalan. . Bacupak sepanjang batuang. Lain lubuak lain ikan. Lain padang lain bilalang. Lain nagari lain adatnyo. Adat sanagari-nagari"
- Adat Istiadat, is the prevailing custom in a place that is related to the behavior of the people in the village and pleasure.
Understanding the distribution of Minangkabau traditional form, it can be summed up into two important groupings namely;
- Adat nan babuhua mati, it is “adat nan sabana adat dan adat nan teradatkan ” (generally accepted in Minangkabau).
- Adat nan babuhua sintak. Is “adat teradat dan adat istiadat” (Adat salingka nagari).
Both traditional Minangkabau properties as described above is not should not be exchanged or seen the same location. This is important, because it is not uncommon nature of Minangkabau tradition that is "Babuhua mati” defeated by traditional Minangkabau "adat nan babuhua sintak”, the customary argument of “salingka nagari”. And if something is related to the issues included in the customary "babuhua mati", then customary " adat salingka nagari” " or "adat babuhua sintak” course and put the customary " Nan Babuhua mati". This attitude is very important especially in the context of customs enforcement and the other side in an attempt to avoid the occurrence of cross-community disputes.
By presenting customary grooves and the distribution and nature of Minangkabau as has been stated, then we return to the issue of customary and customary law Minangkabau. In this context the meaning is customary in Minangkabau "indak lakang dek paneh, indak lapuak dek hujan” customary creation that God the Creator. In the community the term "customary law" is rarely used, which is commonly used is the "customary" only. But if the term is used in mixed will cause problems. Because in principle and technically there is no difference between the customary and customary law. Customary law is a specific part of the customary that have or have legal consequences. At this level with the understanding that not all customary cause or have legal consequences. Though on the other hand still requires careful thought, whether customary law is part of the customary Minangkabau.
Differences of opinion can certainly happen, but at least an attempt to find a line in every action in between the indigenous Minangkabau have legal consequences with which has no legal effect. On the other hand, in every decision or act in a customary context, it should be seen in advance whether the issue involves something that is set in a custom that is "Babuhua mati" and if "yes", then the “adat nan babuhua sintak” certainly not supposed to be are behind. Perhaps there are other opinions, and it actually will enrich our understanding of the customary and customary law Minangkabau *