Penerapan Hukum Waris Adat Pada Perkumpulan Marga Sitompul Di Kota Pekanbaru

Sitompul, Ruth Veronica Br (2021) Penerapan Hukum Waris Adat Pada Perkumpulan Marga Sitompul Di Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Along with the development and change of time, customary law is still used and not used. Development and change occur due to modernization and emancipation factors that arise with economic and political developments, science and technology which directly impact social awareness and human rights, this also creates a dynamic movement of the demands of human dignity. This situation also greatly affects girls who want to escape from the values ​​of customary law, which are discriminatory in nature between the roles, rights and authorities of boys compared to girls. In the study of the writing of this thesis, there are 3 (three) main problems that the author raises, namely First, how are the provisions of the Inheritance of Assets according to Toba Batak Customs in their original area, second, how is the application of customary inheritance law at the Sitompul clan association in Pekanbaru city, and third, How is the development of the application of customary inheritance law at the Sitompul clan association in the city of Pekanbaru according to the area of ​​origin. In this study, the author uses a sociological legal research method that is included in this type of observational research, namely by surveying or visiting directly to the research location using data collection tools, namely interviews and questionnaires with respondents. The results of the study indicate that the provisions of inheritance of wealth according to the Batak Toba custom in the area of ​​origin still use the Patrilineal system. In whatever form, the inheritance of wealth is still firmly held and falls into the hands of the Toba Batak boys. And if someone does not have a male descendant, then the offspring is considered extinct and all property falls in the hands of the son's family according to the agreement of the Toba Batak Adat King. The position of daughters in the provisions of the Toba Batak Adat inheritance is not entitled to inheritance from their parents in any form. The application of traditional inheritance law at the Sitompul clan association in Pekanbaru generally still uses the Patrilineal system which always prioritizes boys compared to girls, because in the Sitompul clan customary system boys are Kings and are also descendants of the Sitompul clan. The development of the application of customary inheritance law at the Sitompul clan association in Pekanbaru City according to the area of ​​origin is influenced by the times, in which the Sitompul clan community is familiar with western laws such as the Burgelijk Wetboek or better known in Indonesia the Civil Code. The Sitompul clan community uses this law a lot for justice in the distribution of inheritance to girls or boys, so that it does not cause discrimination between the roles, rights and authorities of boys compared to girls, as well as creating positive law enforcement in the middle. customary law of Marga Sitompul, Pekanbaru City.

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