Pelaksanaan Pembagian Harta Warisan Menurut Hukum Adat Di Desa Salo, Kecamatan Salo, Kabupaten Kampar

Amalia, Lisa Rahanul (2024) Pelaksanaan Pembagian Harta Warisan Menurut Hukum Adat Di Desa Salo, Kecamatan Salo, Kabupaten Kampar. Other thesis, Universitas Islam Riau.

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Abstract

According to Hilman Hadikusuma, according to Hilman Hadikusuma, customary law of inheritance regulates how inheritance or inheritance is passed on or distributed from heir to heir from generation to generation. Implementing inheritance law cannot be separated from what is called kinship law. The unity of the customary law community is recognized and respected as long as it is still alive, meaning that customary law is still valid and still adhered to by the customary law community concerned. Customary law is a human nature to know as much as possible how symptoms arise in people's lives The main problem in this research is how to implement the distribution of inheritance according to customary law in Salo Village, Salo District, Kampar Regency. What are the obstacles in implementing the distribution of inheritance assets according to customary law in Salo Village, Salo District, Kampar Regency? This research uses the legal research method of observational research or survey where in this research collects information from respondents using data collection tools in the form of interviews and the nature of this research is analytical descriptive, that is, the research provides data as accurately as possible to describe the implementation of the distribution of inheritance assets according to customary law in Salo Village. , Salo District, Kampar Regency. The results of the research show that the implementation of the distribution of inheritance rights according to customary law in Salo Village, Salo District, Kampar Regency is that the system for dividing land inheritance rights in Salo Village includes three forms; (a) Salo Land, is land given only to women based on the mother's lineage, (b) PiSalo Land, is land purchased by parents which is given to all their children, both male and female, as a form of inheritance from their parents (c) Ninik Mamak Ulayat Land, is land that includes extensive forests in the form of gardens, rice fields, fields, and some even in the form of heirloom remains. The obstacle in implementing the distribution of inheritance assets according to customary law in Salo Village, Salo District, Kampar Regency is that the provisions of the traditional inheritance law of the Kampar community are not seen as deviations and are contrary to Islamic inheritance law, the form of inheritance distribution in the Kampar community is only different in the form of how the assets are distributed. inheritance, namely by using types of assets not based on the mathematical calculation of 2:1 as mentioned in the Koran. The function of dividing inheritance is as a form of protection for heirs, especially women. The weakness and goodness of the majorat inheritance system lies in the leadership of the eldest child in his position as a substitute for parents who have died, in managing assets and using them for the benefit of all family members left behind.

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