Reformasi Hukum Trisakti
Vol 5 No 2 (2023): Reformasi Hukum Trisakti

PENERAPAN SISTEM PEWARISAN PATRILINEAL MASYARAKAT ADAT BATAK TOBA (PUTUSAN NOMOR 3494 K/PDT/2016)

Maria Raissa Sofia Rantan (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Ning Adiasih (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
01 May 2023

Abstract

The Patrilineal Kinship System, the inheritance system chosen by the Toba Batak people, places men in a greater position than women, particularly as heirs because men pass down the clan to their kids. The issue is how the judge evaluates the Toba Batak customary community's inheritance dispute in Decision Number 3494 K/Pdt/2016 and whether the resolution of the Toba Batak customary community's inheritance dispute in Decision Number 3494 K/Pdt/2016 is consistent with the patrilineal inheritance principle that has been applied to the Toba Batak community. The study utilizing deductive reasoning, qualitative analysis of secondary material and normative legal research approaches. The outcomes of the research, discussion and conclusion of this study are the judge's considerations in Decision Number 3494 K/Pdt/2016 considering letter evidence and witness statements, it is proven that if the disputed land was obtained by the biological mother of the Cassation Respondent who was previously purchased from the Nagari so that those who are entitled to inherit are the Cassation Respondent and the Toba Batak customary inheritance dispute settlement in Decision Number 3494 K/Pdt/2016 is not in accordance with the principle of patrilineal inheritance that has been in effect for the Toba Batak people.

Copyrights © 2023






Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...