CD Skripsi
Pembagianwarisan Berdasarkan Wasiat Menurut Hukum Adat Di Desa Sungai Tohor Kecamatan Tebing Tinggi Timur Kabupaten Kepulauan Meranti
ABSTRACT
The distribution of Malay inheritance in Sungai Tohor Village follows a
patrilineal system, or lineage through the father. Therefore, the inheritance law
here dictates that males are indeed entitled to receive half of the inheritance, or a
larger share compared to females. In fact, this aligns with both customary law
and Islamic law, where inheritance distribution has been regulated—males
typically receive three-quarters of the inheritance. However, if a will has been
made by the parents, it is possible for a daughter to receive a share, provided that
the will is acknowledged by legally and religiously valid witnesses before the
death of the parents. If the customary decision is not carried out, a fine or
appropriate sanction may be imposed based on a consensus of the local
customary community.
The aims of this study are: first, to understand inheritance distribution
based on a will according to customary law in Sungai Tohor Village, Tebing
Tinggi Timur Subdistrict, Meranti Islands Regency. Second, to understand the
mechanism for resolving inheritance disputes based on a will according to
customary law in Sungai Tohor Village, Tebing Tinggi Timur Subdistrict, Meranti
Islands Regency
The type of research used in this study is sociological research. The
research was conducted in Sungai Tohor Village, Tebing Tinggi Timur Subdistrict,
Meranti Islands Regency. This study uses both primary and secondary data, with
data collection techniques carried out through interviews.
The results of this study reveal two main conclusions. First, the distribution of
inheritance based on a will, according to the customary law in effect in Sungai
Tohor Village, Tebing Tinggi Timur Sub-district, Kepulauan Meranti Regency, is
still guided by customary legal norms and deliberation. Second, the mechanism
for resolving inheritance disputes based on a will, in the event of uncertainty
among the heirs, is carried out through customary deliberation attended by
traditional leaders, which ultimately leads to a customary decision.
Keywords: Devisionof inheritance, Inheritance Law, Customary Law,
IndigenousPeople
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