Pembagian Harta Waris Terhadap Anak Perempuan Dalam Masyarakat Adat Batak Toba (Studi Kasus Di Desa Padang Mengkudu Kecamatan Ujung Padang Kabupaten Simalungun Sumatera Utara)

Fatmawati, Sonia (2021) Pembagian Harta Waris Terhadap Anak Perempuan Dalam Masyarakat Adat Batak Toba (Studi Kasus Di Desa Padang Mengkudu Kecamatan Ujung Padang Kabupaten Simalungun Sumatera Utara). Other thesis, Universitas Islam Riau.

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Abstract

The system known to the Toba Batak community is the patrilineal system, which is through the male lineage and is also the successor generation of their parents while girls are not the generation of their parents. For this reason, I want to know how the position of women in customary inheritance law in the Batak Toba community and the factors that influence the development of the inheritance rights of girls in the customary inheritance law of the Batak Toba. This study has 2 problem formulations, namely: The process of implementing the distribution of inheritance to daughters in the Toba Batak community in Padang Mengkudu Village, Ujung Padang District, Simalungun Regency, North Sumatra and the causal factors for giving inheritance to daughters in the Toba Batak custom in Padang Village. Noni, Ujung Padang District, Simalungun Regency, North Sumatra. This study uses empirical juridical research methods. Samples were taken by non-random sampling. The analysis is carried out in a descriptive analysis, which will describe, describe and reveal how the actual position of girls in customary inheritance law in the Toba Batak people who already live outside the Toba area in the Ujung Padang sub-district, Simalungun Regency and what factors can affect the development of children's inheritance rights women in the customary inheritance law of the Toba Batak. From the results obtained through factors in Patrilineal kinship can be maintained, then what changes or develops is the result of the system on the position in inheritance rights. Therefore, with the issuance of the Decision of the Supreme Court has gone towords Parentalism and to be able to provide equality, humanity, justice and equality between sons and daughters in inheriting their parents’ assets from the results of this study is that the position of girls has developed in the same inheritance distribution as boys. With this neutral nature there has been a modernization that leads to homogeneity, which shows that there is equality between men and women to give great influence in the field of customary law, especially Batak customary inheritance law. Keywords: inheritance distribution, daughter position, customary law

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