PEGADAIAN DALAM PERSPEKTIF HUKUM ADAT REJANG (PRAKTIK SANDO DI MASYARAKAT KEPAHIANG)

Abstract

There are (two) problems that are the focus of this research, namely: How is the practice of pawnshop (Sando) according to Rejang Customary Law in Taba Tebelet Village, Kepahiang Subdistrict, Kepahiang Regency? and How is the form of dispute resolution if there is a violation of the practice of pawnshop (Sando) in Taba Tebelet Village, Kepahiang Subdistrict, Kepahiang Regency? The purpose of this research is to find out how the mechanism for implementing pawnshop practices (Sando) according to rejang customary law in Taba Tebelet Village, Kepahiang District, Kepahiang Regency and to find out how the form of dispute resolution in the event of a violation of pawnshop practices (Sando). To be more thorough and detailed, researchers use qualitative methods with empirical legal research. Data collection was carried out by in-depth interviews and primary, secondary and tertiary data collection. The results of this study indicate that the sando pawnshop practice in Taba Tebelet Village, Kepahiang District, Kepahiang Regency is carried out on the principle of trust between one party and another, so that the form of agreement made is more oral than the agreement in written form. The forms of dispute resolution over the sando pawnshop practice are dispute resolution by deliberation and consensus, dispute resolution by increasing the term of the agreement, dispute resolution by selling the sando collateral, dispute resolution by transferring the sando pawn.