scholarly journals Degradation of Customary Inheritance Law in the Sai Batin Lampung Tribe

AL- ADALAH ◽  
2021 ◽  
Vol 17 (2) ◽  
pp. 295-314
Author(s):  
Yayan Sopyan ◽  
Nusirwan Nusirwan ◽  
Isnawati Rais ◽  
Asmawi Aswawi
Keyword(s):  
Qualitative Research ◽  
Social Interaction ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Interview Technique ◽  
System A ◽  
Kinship System ◽  
Inheritance System ◽  
The Family

The Sai Batin indigenous people use the “jujur” form of marriage the male majorate inheritance system, a system in which the oldest son is entitled to all inheritance and is the successor of their descendants. So strong is the position of sons in the family that if a family does not have a son, then the family is considered as having no or broken offspring. For this reason, in the Sai Batin kinship system, the adoption of a son, either from an internal or external family, is an alternative solution. This research is qualitative research using the Islamic Law Anthropology approach. In the data collection stage, the writer used the dept-interview technique combined with a survey. This research concludes that although most of the Sai Batin tribes still adhere to the customary inheritance system, however, there has been a tendency to no longer use customary law, especially in matters of inheritance, because it is considered unfair. This is indicated by the tendency of parents to bequeath property to all their children through a grant mechanism or to distribute inheritance based on Islamic inheritance law. This change is influenced by many factors, including the most dominant factors are education, economy, and social interaction.

scholarly journals PEWARISAN BERDASARKAN HUKUM WARIS ADAT TERKAIT SISTEM KEKERABATAN DI INDONESIA

2020 ◽  
Vol 5 (1) ◽  
pp. 56-70
Author(s):  
Subekti Subekti ◽  
Suyono Yoyok Ucuk
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Natural Background ◽  
Conceptual Approach ◽  
Inheritance Law ◽  
Is Research ◽  
Kinship System ◽  
Inheritance System ◽  
The Difference ◽  
Western Law

There are three kinds of inheritance law in Indonesia, namely Islamic inheritance, Customary inheritance and BW inheritance. The scope of this writing is limited to customary inheritance law. The parts of customary law have a big influence on customary inheritance law and vice versa. Customary inheritance law has its own characteristics and characteristics that are unique to Indonesia, which is different from Islamic law and western law (BW). Because the difference lies in the natural background of the Indonesian people who have the philosophy of Pancasila with a society that is Bhinneka Tunggal Ika. The inheritance law that exists and applies in Indonesia to date is still not in the form of legal unification. The purpose of this study is to analyze the inheritance system according to the customary inheritance law related to the kinship system in Indonesia.The type of research used in this research is normative juridical research, namely research on legal systematic is research conducted on primary and secondary legal materials, the terms of reference used are the basic definitions contained in the legal system. The approach used is a conceptual approach, a statute approach and a case approach. Types of Legal Materials are primary legal materials and secondary legal materialsThe results of this study indicate that the inheritance system according to the Adat Inheritance Law does not refer to the kinship system of the customary law community. Customary law communities whose system of collective inheritance can occur are parental kinship systems. Heritage assets related to inheritance must be distinguished from the origin of the assets, because they are related to the kinship system that exists in the local customary law community, whether parental, patrilineal or matrilineal, because not all inheritance can be divided individually.

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

scholarly journals Inheritance of Community Property in Melayu Siak Community

2019 ◽  
Vol 6 (3) ◽  
pp. 234
Author(s):  
Lani Regina Yulanda
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Field Studies ◽  
Customary Law ◽  
Primary Data ◽  
Research Approach ◽  
Inheritance Law ◽  
Kinship System ◽  
Community Property ◽  
Qualitative Descriptive

The existence of legal events in the form of death results in inheritance regulated by certain inheritance laws. In Indonesia, there is still inheritance legal pluralism, including civil inheritance law, Islamic inheritance law and customary inheritance law. In Melayu Siak community, where Islamic law and customary law are their living laws, there are differences in those two laws regarding the inheritance which then raises the question of which law will apply. This study utilizes a qualitative descriptive method with an empirical juridical legal research approach. Research data are collected through field studies by conducting interviews with the respondents to obtain primary data and literature studies to obtain secondary data. The focus of this research is to find out and analyze inheritance over the community property in Melayu Siak community. The results of the study show that 1) there is a relationship between the kinship system and the existence of the community property. 2) the inheritance in Melayu Siak community is based on the Islamic inheritance law and its implementation is carried out based on the results of the deliberation.

scholarly journals Certainty of Legal Distribution of Inheritance through Grants (Study in Dompu District, Dompu Regency)

2019 ◽  
Vol 6 (2) ◽  
pp. 490
Author(s):  
Arif Rahmat ◽  
Lalu Husni ◽  
Aris Munandar
Keyword(s):  
Family Conflict ◽  
Islamic Law ◽  
Customary Law ◽  
Economic Factors ◽  
Legal Certainty ◽  
Inheritance Law ◽  
The People ◽  
The Family ◽  
The Absolute ◽  
Religious Courts

This study aims to analyze and examine the factors that influence the distribution of inheritance through grants in Dompu District, as well as reviewing the legal certainty of inheritance distribution through grants in Dompu District.The results of the study show that: Factors that influence the distribution of inheritance through grants to the Dompu Sub-District Community are Concern Factors of family conflict, Economic Factors and Efforts to protect the absolute part of the heirs. In terms of the distribution of inheritance through grants to the Dompu Subdistrict community, there is no legal certainty, that with empirical facts on the people of Dompu Subdistrict, there are still many inherited disputes from heirs after the parents as heirs die. began on some heirs who did not have good intentions and denied the results of the agreement in terms of the distribution of inheritance through grants agreed together by all heirs, which is a customary practice from generation to generation in the Dompu community, then the heirs demanded back in share based on Islamic inheritance law, under the pretext that if a family (Islam) has two laws that apply such as customary law and Islamic law, then as long as the community must obey and comply with the provisions of Islamic law as well. If the heirs still cannot agree and feel an objection regarding the inheritance given by the heir by means of the heir’s gift during his lifetime, then it can be resolved through the Religious Court. This is in accordance with Article 49 of Law No. 3 of 2006 concerning the Religious Courts. But these things affect the harmony and division within the family. That from the results of research on inheritance events in the Dompu community.

scholarly journals HAK KEWARISAN SUAMI DALAM PERNIKAHAN SEMANDA PADA MASYARAKAT HUKUM ADAT LAMPUNG SEBATIN

ASAS ◽  
2019 ◽  
Vol 10 (02) ◽  
pp. 46-63
Author(s):  
Zuhraini Zuhraini
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Distribution System ◽  
Research Data ◽  
Customary Law ◽  
Library Research ◽  
Inheritance System ◽  
The Family ◽  
Qualitative Descriptive ◽  
Joint Property

The Sebatin Lampung customary law community, seen from the lineage system including genealogical customary law community, draws on the patrilineal lineage. In the marriage system using an honest marriage system, where the wife is included in the husband's relatives. But for certain reasons, the Semanda marriage system was also used by the Sebatin Lampung customary law community. In the marriage system, the husband follows or is in the environment of his wife's relatives. In semanda marriage, which has more role in the inheritance dominated by the wife because the assets managed are indeed owned by the wife's family. If they get shared assets during the marriage, is there a husband's right to joint property in the distribution of inheritance. Based on the above background, the problem in this paper is how the distribution of inheritance in the Sebatin Lampung customary law community and how the husband's inheritance rights in Semanda marriage Sebatin Lampung Customary Law Community. The first research objective was to analyze the distribution of inheritance rights in Sebatin Lampung Customary Law Society. Second, to examine and analyze the husband's inheritance rights in the marriage of SemandaSebatin Lampung Customary Law Society. The method in this study, seen from its type, is qualitative research, even if seen from the nature of this research is library research. Data analysis using qualitative descriptive. The conclusion obtained in this study is First, For the Sebatin Lampung customary law community, inheritance system uses a system of major inheritance. This means that inheritance will fall on the oldest son. Assets inherited to the oldest sons are inheritance, customary titles, and parental property which is the result of the parents' efforts while still alive. Second, the distribution system of inheritance for husbands who carry out semi-marriages at the Sebatin Lampung customary law community, carried out in accordance with the conditions and conditions of each family. This division can be seen from two conditions. If in the family there are children born in semanda marriage, then the inheritance of the wife is given to the eldest son and the oldest child will take the policy to share or give part to his younger siblings. If there are no children, the inheritance is taken over by the wife's family while the husband does not get a shareKeywords: husband's inheritance rights, semanda marriage and sebatin Lampung customary law community.

scholarly journals PROBLEMATIKA PEMBAGIAN HARTA WARISAN PASCA TSUNAMI DI KABUPATEN ACEH BARAT (Studi Kasus Kecamatan Johan Pahlawan Kabupaten Aceh Barat)

2014 ◽  
Vol 14 (1) ◽  
pp. 94
Author(s):  
Fariani Fariani
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Field Research ◽  
Islamic Culture ◽  
Distribution Problem ◽  
Inheritance Law ◽  
The Family

Inheritance law occupies an important role in Islamic law. In West Aceh, at every distribution of inheritance raises some issues which ultimately bring about to the death. The problem what is the inheritance distribution problem after tsunami at Johan Pahlawan sub-district in West Aceh, what is the solution on the problematic inheritance distribution at Johan Pahlawan sub-district of West Aceh. Method of the research is qualitative research. This research is field research. Therefore, the researcher conducted observations, interviews and documents analysis to know the problem related to the problem of the study. It shows that the distribution of the inheritance problem after tsunami that lack of expert in faraidh, the loosing of lands’ documents ownership, the loosing of inheritance objects and haste distribution. The majority of the society at Johan Pahlawan sub-district of West Aceh is Muslim as there is influences of Islamic culture then the inheritance distribution are: the total inheritance of parents, but in the community itself is also common division based on an agreement with the family usually initiate of the male heirs.

PERSPEKTIF HUKUM TERHADAP STATUS ANAK LUAR NIKAH DALAM MEMPEROLEH HAK WARIS KOMPILASI HUKUM ISLAM

2020 ◽  
Vol 1 (2) ◽  
pp. 158-166
Author(s):  
Yapiter Marpi
Keyword(s):  
Islamic Law ◽  
Family Relations ◽  
Secondary Data ◽  
Primary Data ◽  
Biological Father ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family ◽  
The Status ◽  
The Guardian

ABSTRACT This study aims to determine and discuss the perspective of inheritance law on the status of out-of-wedlock children in obtaining the inheritance rights of Islamic law compilation. The method used is a qualitative method using secondary data and primary data for completeness of data, data analysis used using normative analysis. Based on the results of research, among others, first, the position of out-of-wedlock children according to Islamic Law is based on nasab as the legality of family relations based on blood relations, as a result of legal marriage. The problem is that there is no relationship between the child's relationship with his biological father; there are no rights and obligations between the child and his biological father, inheritance and so on; if by chance the child is a woman, then the biological father cannot be the guardian, so that the guardian can be a child out of wedlock; secondly, the status of inheritance rights for out-of-wedlock children according to Islamic law only have a mutual inheritance relationship with the family from the mother's side, however there is a need for legal breakthroughs related to this, namely in the Islamic inheritance system, there are grant institutions in the form of giving biological father's day and can also the wills of the Mandatory from his biological father. Keywords; Inheritance rights, out-of-wedlock children, compilation of islamic law.    

Perspektif Hukum terhadap Status Anak Luar Nikah Dalam Memperoleh Hak Waris Kompilasi Hukum Islam

2019 ◽  
Vol 1 (2) ◽  
pp. 158-166
Author(s):  
Yapiter Marpi
Keyword(s):  
Islamic Law ◽  
Family Relations ◽  
Secondary Data ◽  
Primary Data ◽  
Biological Father ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family ◽  
The Status ◽  
The Guardian

This study aims to determine and discuss the perspective of inheritance law on the status of out-of-wedlock children in obtaining the inheritance rights of Islamic law compilation. The method used is a qualitative method using secondary data and primary data for completeness of data, data analysis used using normative analysis. Based on the results of research, among others, first, the position of out-of-wedlock children according to Islamic Law is based on nasab as the legality of family relations based on blood relations, as a result of legal marriage. The problem is that there is no relationship between the child's relationship with his biological father; there are no rights and obligations between the child and his biological father, inheritance and so on; if by chance the child is a woman, then the biological father cannot be the guardian, so that the guardian can be a child out of wedlock; secondly, the status of inheritance rights for out-of-wedlock children according to Islamic law only have a mutual inheritance relationship with the family from the mother's side, however there is a need for legal breakthroughs related to this, namely in the Islamic inheritance system, there are grant institutions in the form of giving biological father's day and can also the wills of the Mandatory from his biological father. Keywords; Inheritance rights, out-of-wedlock children, compilation of islamic law.    

scholarly journals Inheritance Distribution of Adopted Children in The Perspective of Customary Law and Islamic Law Compilation: Case Study of the Application of Inheritance Law in Kudus

Al-Ahkam ◽  
2019 ◽  
Vol 29 (2) ◽  
pp. 141
Author(s):  
Abdurrohman Kasdi ◽  
Khoiril Anwar
Keyword(s):  
Islamic Law ◽  
Family System ◽  
Customary Law ◽  
Comparative Approach ◽  
Adopted Children ◽  
Inheritance Law ◽  
Biological Children ◽  
The Family ◽  
The Will

This article aims to examine the position of adopted children, determine the position of adopted children's inheritance rights, as well as the application of the distribution of inheritance for adopted children in Customary Law and Compilation of Islamic Law in Kudus Regency. The method used is qualitative with a comparative approach. The results showed that the teachings of Islam did not deny the existence of adopted children as far as giving welfare and education to children. The position of adopted children in customary law is influenced by the family or family system. Their position from one region to another varies. In the case of the application of the distribution of inheritance for adopted children in adat law in Kudus District, several provisions of customary law state that the portion of adopted children is equated with the portion of biological children (if there is inheritance rights), or through the will of their adopted parents. While the application of Islamic Law Compilation in the distribution of inheritance in Kudus Regency also regulates <em>wasiat wajibah</em>, a will determined by law even though the person concerned does not inherit it.

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