Butar, Mayra Azzura Butar (2025) Tinjauan Yuridis Hukum Waris Masyarakat Adat Batak Toba Yang Melakukan Migrasi di Kecamatan Balai Jaya Bagi Anak Perempuan Berdasarkan Putusan Ma No. 179k/sip/1961 Tentang Persamaan Hak Antara Anak Perempuan Dan Laki-laki. Other thesis, Universitas Islam Riau.

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Abstract

Customary law governs inheritance law. The Batak Toba indigenous community adheres to a patrilineal kinship system, which effectively eliminates daughters' inheritance rights to their parents' property. This disparity leads to inheritance disputes within the Batak Toba community. To resolve these disputes, the state has established regulations, including Supreme Court Decision No. 179K/SIP/1961, which declares that daughters and sons have equal inheritance rights, as well as subsequent decisions that consider various laws. Consequently, these two laws differ in their treatment of daughters' status within families, particularly in the Batak Toba community. Given the numerous laws that serve as considerations, attention must also be paid to ensuring justice for customary law, grounded in Law No. 48 of 2009 on Judicial Power, Article 5, Paragraph 1, which stipulates that judges must consider the customary laws that have developed within the community. The main research problem in this study is to understand how the Batak Toba indigenous community continues inheritance based on the existing and evolving inheritance law within the community, and how the position of daughters in inheritance is determined according to the Supreme Court Decision No. 179K/SIP/1961, which regulates the equal inheritance rights of daughters and sons. This research employs a combined method of normative and empirical legal research, focusing on examining legal sources and the information available in the community. The data sources used include primary legal materials such as laws, court decisions, and interview results, as well as secondary and tertiary legal materials. The findings of this research indicate that the position of daughters in the Batak Toba indigenous community is generally low, and they do not have inheritance rights within the family. Sons are considered entitled to inherit their parents' property because they are seen as the ones who continue the family name (marga) to the next generation. A married daughter is regarded as part of her husband's family rather than her own. As a result, daughters who wish to claim their inheritance rights typically pursue legal action through the court. The position of women in Supreme Court Decision No. 179K/SIP/1961, which has become a jurisprudence, states that the position of daughters in inheriting their parents' property is equal to that of sons, based on considerations in positive law.

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