Legal Review Of Couple`S Rights Protection Over Joint Property Buildings Constructed In Herited High-Land Case Study Number 616/Pdt.G/2022/Pa.Pn At Pa Painan

Abstract

A common dispute over joint property related to customary land in Minangkabau often arises from the construction of lodging buildings by a husband and wife on high ancestral land. This article analyzes the legal status of lodging buildings built on high ancestral land as joint property, using the case study of the Painan Religious Court Decision Number 616/Pdt.G/2022/PA.Pn. The article uses a normative legal approach with case studies. The results show that high ancestral land cannot be considered joint property because the lodging buildings built on it during the marriage did not come from joint efforts. This decision reflects the judge's attempt to balance legal certainty, legal usefulness, and justice in deciding cases that intersect with customs still alive in the community.