CD Skripsi
Kedudukan Anak Laki-Laki Dalam Sistem Pewarisan Pada Perkawinan Etnis Tionghoa Berdasarkan Keadilan
ABSTRACT
Inheritance law is a body of regulations that governs the wealth left by the
heir and the effects of this transfer on those who inherit it, both in terms of their
relationships with one another and with other people. All rights and duties are
instantly transmitted to the heirs upon death. According to teachings, the Chinese
ethnic community frequently applies customary law. The position of a tall boy is
more assured. It has long been accepted among the indigenous Chinese
population that only sons are entitled to the whole inheritance, while females can
only inherit jewels. In according to Article 131 IS, which applies to the Civil
Code, the Chinese community is considered a population group for the purposes
of inheritance distribution. The goal of this thesis is to investigate the status of
sons in the system of son inheritance in ethnic Chinese marriages and to learn
about the system of son inheritance in ethnic Chinese marriages based of justice.
This type of research is empirical research. Basically, it is a comparative
study between legal ideals and legal reality in the form of actions (law in action).
The data sources used consist of primary legal materials, secondary legal
materials and tertiary legal materials. Data collection techniques in this study
were carried out by interviews and literature studies by taking quotations from the
literature that had links with the problems of this research.
The results of the research conducted, there are several conclusions
obtained, namely: First, Chinese customs do not regulate in writing regarding the
position of children, in practice the position of sons in ethnic Chinese is higher
than that of women which is carried out from generation to generation. Second,
justice can be guaranteed from the binding nature of codified civil regulations in
the process of resolving cases of inheritance distribution in ethnic Chinese
communities.
Keywords: Inheritance System – Chinese – Boy Position.
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