Construction of Legal Standing of Mamak Kepala Waris: A Jurisprudence Study for the Transformation of Civil Procedure Law in West Sumatra

Transformation of Procedural Law Mamak Kepala Waris Customary Civil Law Minangkabau Customary Law

Authors

2 July 2025
28 April 2026

Customary Law Communities (Masyarakat Hukum Adat or MHA) in West Sumatra have a distinct legal system governing the ownership and inheritance of high heirloom property. Over time, the paradigm of customary civil dispute resolution has shifted due to the influence of national law, particularly concerning the legal standing of parties entitled to file lawsuits. This study examines the legal standing of Mamak Kepala Waris (MKW) in civil procedural law in West Sumatra as a response to the evolving dynamics of customary heirloom dispute resolution. The research employs a normative juridical approach and is analyzed descriptively. The findings indicate a paradigm shift in national civil procedural law, wherein MKW holds a crucial role as an authorized party in heirloom property disputes. This role is reinforced by various Supreme Court decisions, establishing it as judge-made law within the framework of Minangkabau customary law. This transformation further strengthens the position of customary law within the national legal system, particularly in the resolution of customary civil disputes through Kerapatan Adat Nagari before cases proceed to general courts. The study concludes that harmonizing customary law with national law is essential to ensuring legal certainty for the Minangkabau Indigenous Peoples in disputes over heirloom property ownership.