Simanjuntak, Rionaldi Saputra (2023) Pelaksanaan Pembagian Harta Waris Adat Batak Toba Di Kelurahan Tanah Merah Pasir Penyu Kabupaten Indragiri Hulu. Other thesis, Universitas Islam Riau.

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Abstract

The Toba Batak indigenous community in Tanah Merah still has a fairly strong system of customary rules within the community. However, some indigenous communities have followed modernization. Where customary rights and obligations are no longer implemented properly. The distribution of inheritance among the Toba Batak people can be based on the 1945 Legislative Regulations article 27 paragraph 1 which states that all Indonesian people have the same rights and position under the law and the government is obliged to follow and uphold these laws without exception. This thesis aims to find out how the Toba Batak customary distribution of inheritance is carried out in the Tanah Merah Pasir Penyu sub-district, Indragiri Hulu Regency. This type of research is legal research using the Observational Research method using a survey, namely research using data collection tools in the form of interviews. Meanwhile, the nature of this research is descriptive analytical, namely research that describes and explains the reality in the field regarding the implementation of the distribution of inheritance of traditional Toba Batak inheritance in the Tanah Merah Pasir Turtle sub-district, Indragiri Hulu Regency. The research results obtained by the author are that in Toba Batak customary law, a patrilineal system is used. In this system, sons have the right to inherit; if none of them leaves a son, the inheritance goes to the grandfather (the deceased's father); if the grandfather is not around, the deceased sibling is entitled to inherit. As time changes, the Toba Batak people's mindset also develops. This system often causes conflict among the Toba Batak community. The inheritance distribution system has experienced a lot of discrimination on the part of Toba Batak women so that they want to sue to obtain their rights as heirs to the court and have been accompanied by judges' decisions in court which provide equality and position for women in the distribution of inheritance in the Toba Batak community.

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