Situmeang, Kevin A (2025) Kedudukan Anak Perempuan Dalam Hukum Waris Adat Batak Toba Pada Daerah Perantauan (studi Kasus Kota Pekanbaru). Other thesis, Universitas Islam Riau.

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Abstract

In the Toba Batak tradition, sons are considered the successors of the clan, while daughters face obstacles in inheriting their parents' property. This is due to the Jujuran or Parunjuk or Hantaran Tuhor system, where the wife is "bought" by the husband's family with a sum of money, and after marriage, the wife and children from the marriage become part of the husband's family. In the Toba Batak kinship system, women do not have inheritance rights. This often raises legal problems related to inheritance, especially since Indonesia has a modern legal system that enforces codified positive law. Meanwhile, women in the Toba Batak Custom do not receive inheritance rights, but are given property after marriage which is called a grant. According to the principles of the Toba Batak Customary Inheritance Law, the inheritance rights of a father are only held by sons. Daughters and their eldest children may only receive provisions in the form of agricultural land or livestock from their fathers. Inheritance law is regulated in Articles 830 to 1130 of the Civil Code. The formulation of the problem in this study is How is the position of daughters in the inheritance law of the Batak Toba Customary in the diaspora area in Pekanbaru City and What are the factors that influence the position of children as recipients of inheritance in the Batak Toba customary community in the diaspora area in Pekanbaru City. The research method, namely empirical sociology, is the type of research that the author uses in this study. which is a legal research method that involves direct analysis and observation of a problem, either through interviews or observations. The results of this study conclude that, namely, Overall, the position of daughters in the inheritance law of the Batak Toba Customary in diaspora areas can vary and is often influenced by a number of factors, including adaptation to local norms, education, and social change. Adaptation to these changes can reflect a shift from traditional customary rules to a more inclusive and equal approach in the context of globalization and modernization. That daughters do not receive inheritance, then the provision of property is given after marriage, namely the provision of property by gift, in the principles of Batak Toba customary inheritance law, the inheritance rights of a father are only given to sons, daughters and their eldest children may only receive provisions of agricultural land or livestock from their father. And in the Toba Batak traditional society, the position of children as recipients of inheritance is influenced by various factors, namely environmental, economic, marital, and religious factors.

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