Tafonao, Ondroita (2025) Kedudukan Anak Perempuan Dalam Pewarisan Harta Kekayaan Di Lingkungan Masyrakat Nias Kecamatan Somambawa Kabupaten Nias Selatan. Masters thesis, Universitas Islam Riau.

Text 221022254.pdf Restricted to Registered users only Download (4MB) | Request a copy

Abstract

Heirs are children who have been abandoned by their parents because their parents have died, or also because they have been abandoned by siblings because their siblings have died. So that there is a process of transferring the heir's property to the heirs, both child heirs and siblings. This study focuses on the process of dividing inheritance regarding the position of a daughter in her parents' inheritance. The purpose of this study is to determine how to implement the division of inheritance and the factors that hinder the division of inheritance, preferring the customs of the Nias community in Somambawa District, South Nias Regency, North Sumatra Province by excluding existing legal provisions, namely civil inheritance law (BW). The main problem in this study is How are the rights and positions of female children in parental inheritance according to Customary Law or the customs of the Nias community in Somambawa District, South Nias Regency, North Sumatra Province. That the Nias community in Somambawa District, a female child is not included as an heir in the inheritance of her parents. And the factor that makes the Nias community prefer Nias customary customs in dividing inheritance according to Nias customary inheritance law or the customs of the Nias Community, namely having its own characteristics, namely all male children are heirs of their parents' inheritance, and the distribution of inheritance is based on the principles of individuality and balance, while women do not have the right to inheritance from their parents' inheritance. From the results of the study, it can be concluded that in the process of dividing inheritance, it is based on a marriage relationship with a patrilineal system by drawing the father's line, not the mother's, so that male children have the right to receive and manage the inheritance of their parents. But if in carrying out the division of inheritance, the daughter can only be as much as the agreement of her brothers, meaning there is no coercion or obligation, there may or may not be any at all. That the factors that influence the Nias community in Somambawa to prefer the customs of the Nias community in carrying out the division of inheritance are because in inheriting their descendants it is to the son, not to the daughter or the marriage system is Patrilineal or lineage from the Father. Very different from the provisions of civil inheritance law (BW). The research method used is sociological juridical with direct primary data collection in the field. The method used is a descriptive research method conducted by interviewing predetermined respondents.

Actions (login required)

View Item