scholarly journals Acculturation in the Inheritance Law of the Dayak Ngaju community

AL- ADALAH ◽  
2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Syaikhu Syaikhu ◽  
Gusti Muzainah ◽  
Rabiatul Adawiyah
Keyword(s):  
Indigenous People ◽  
Inheritance Law ◽  
Cultural System ◽  
Central Kalimantan ◽  
Adjustment Model ◽  
Kinship System ◽  
Acculturation Theory ◽  
Acculturation Model

The Dayak community, as an agrarian community, respects and upholds the noble values of their ancestors. These values strongly affect their social and cultural system, including the customs and traditions of inheritance settlement. This research is descriptive-analytic using a phenomenology approach. The aim is to identify the uniqueness of the traditional heritage of the Dayak Ngaju tribe in Palangka Raya through the perspective of acculturation theory of culture and law. The study shows that the acculturation model that occurs in Palangka Raya is an adjustment model, in which the process of adjustment and adaptation of one culture to other cultures occurs without forming a new culture. In addition, this study also finds that the community kinship system also influences the application of inheritance law among the Ngaju Dayak indigenous people, Palangka Raya, Central Kalimantan.

scholarly journals DEVELOPMENT OF WOMEN POSITION IN THE PATRILINEAL INHERITANCE OF INDONESIAN SOCIETY

2017 ◽  
Vol 17 (2) ◽  
pp. 194 ◽  
Author(s):  
Elfrida R Gultom
Keyword(s):  
Supreme Court ◽  
Indigenous People ◽  
Neutral Position ◽  
Court Decisions ◽  
Inheritance Law ◽  
Men And Women ◽  
Kinship System ◽  
Paternal Line ◽  
Inheritance System ◽  
Supreme Court Decisions

Patrilineality is a kinship system which is based on paternal line; therefore, the position of men in inheritance law is dominant. Batak, Karo and Bali communities are among those who apply this system. Consequently, this system influences women’s standing in terms of inheritance. This paper discusses women position in inheritance of patrilineal system on those three societies as well as the factors which influence the development of women’s inheritance right. Some principles of this system are maintained while some others change. Several Supreme Court Decisions related to inheritance distribution dispute between men and women have tended to adopt a parental system which gives equality, humanity, justice, and right equality. Supreme Court places women in a neutral position which means that there is modernization which leads to homogeneity, indicating showing equality between men and women as well as providing a significant impact on inheritance law sector in Batak, Karo, and Bali. Keywords: indigenous people, matrilineal, Patrilineal, inheritance, inheritance system

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 Pewarisan Menurut Hukum Waris Islam Terhadap Sistem Kekerabatan Matrilineal Minangkabau

Notaire ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 197
Author(s):  
Ira Damayanti Putri ◽  
Dhea Amelisca ◽  
Sarfia Nengsih
Keyword(s):  
Indigenous People ◽  
Family System ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family

Minangkabau indigenous people if the family does not have children, especially children, especially girls, it is permissible to adopt children as successors. The position of daughters in the family in the Minangkabau community is very important in terms of the continuation of the clans from a family, this is because the Minangkabau people generally adhere to the Matrilineal family system. But in its development with the entry of Islam in Indonesia, most of the Minangkabau people were influenced by the teachings of Islam, so that in the position of heirs there was a position of heirs that contradicted the Islamic inheritance law with customary inheritance law in the Minangkabau community. The problem in this research is Islamic inheritance law towards customary inheritance law in Minangkabau people. The results of this study are that the Minangkabau community after the entry of Islam, implemented two inheritance systems, namely for high inheritance inherited by the Matrilineal collective inheritance system, for low inheritance inherited with Bilateral individual inheritance systems.

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 THE APPLICATION OF THE DEVELOPMENT OF CUSTOMARY INHERITANCE LAW ACCORDING TO THE JURISPRUDENCE OF THE SUPREME COURT

2017 ◽  
Vol 29 (1) ◽  
pp. 108
Author(s):  
Ellyne Dwi Poespasari ◽  
Sri Hajati ◽  
S Soelistyowati
Keyword(s):  
Supreme Court ◽  
Indigenous Peoples ◽  
Inheritance Law ◽  
Traditional Leader ◽  
Kinship System ◽  
The Supreme Court ◽  
The Family ◽  
Lack Of Knowledge

AbstractCustomary inheritance law is influenced by the three kinship system. The Indonesian indigenous peoples, if there is a dispute about inheritance customs, completed the family council, if the hearts of deliberation families not bring results, then the Settlement shown to the Indigenous Institute, but when hearts division of inheritance still feel less satisfied BY Decision Traditional Leader Then Settlement of inheritance can be resolved in the court. Application of norms The jurisprudence of the Supreme Court Third hearts kinship system can be implemented yet, due to lack of knowledge of indigenous peoples against jurisprudence. Jurisprudence singer known only hearts Verdict The heritage dispute resolved by the Court InstituteIntisariHukum waris adat masih dipengaruhi tiga sistem kekerabatan Pada masyarakat adat jika terjadi sengketa waris adat, diselesaikan musyawarah keluarga, apabila dalam musyawarah  keluarga tidak  membawa hasil,  maka penyelesaian kepada lembaga adat, namun apabila dalam pembagian harta waris masih merasa kurang puas dengan putusan ketua  adat    maka  penyelesaian waris dapat diselesaikan di pengadilan. Penerapan norma Yurisprudensi Mahkamah Agung  dalam ketiga sistem kekerabatan belum  dapat  dilaksanakan,  disebabkan   kurangnya  pengetahuan  masyarakat    adat  terhadap  yurisprudensi.  Yurisprudensi  ini  hanya  dikenal  dalam  putusan  sengketa  warisan yang  diselesaikan  oleh  lembaga  pengadilan.  

scholarly journals KARAKTERISTIK PEMBAGIAN WARIS ADAT JAWA

2019 ◽  
Vol 4 (2) ◽  
pp. 147-155
Author(s):  
Sri Astutik
Keyword(s):  
Indigenous People ◽  
Family Environment ◽  
Inheritance Law ◽  
The Family ◽  
The Right

The distribution of inheritance among Javanese indigenous people, has its own characteristics. Although in general there are rules that have become a custom that applies from generation to generation, but in practice there are some variations in the implementation of inheritance. Submission of assets to his off spring does not have to wait for the death of the testator, but can be carried out while the testator is still alive. There are also those who share the inheritance after the testator dies and or the heir has finished his life (1000 days). In Javanese traditional inheritance law there are also known heirs, namely heirs who replace the main heirs, if he dies first. Every child has the right to become an heir, but the portion may differ depending on the habits in the family environment. There are heirs who get the same portion, some who get 2 for men and : 1 for  women, and there are also certain heirs getting more shares.

scholarly journals HUNIAN BERBENTENG (KUTA) MAPOT: STUDI BENTUK, SIMBOL, DAN KRONOLOGI (THE FORTIFIED DWELLING (KUTA) OF MAPOT: STUDY OF FORM, SYMBOL, AND CHRONOLOGY)

2020 ◽  
Vol 5 (1) ◽  
pp. 13-26
Author(s):  
NFn Sunarningsih
Keyword(s):  
Indigenous People ◽  
20Th Century ◽  
River Basin ◽  
Literature Study ◽  
Study Methods ◽  
Central Kalimantan ◽  
Inductive Approach ◽  
Symbolic Meanings ◽  
The Village

Kuta Mapot yang berada di wilayah Desa Tumbang Lapan, Kecamatan Rungan Hulu, Kabupaten Gunungmas, Provinsi Kalimantan Tengah, merupakan hunian berbenteng di tepian anak Sungai Tumbang Lapan, di Daerah Aliran Sungai (DAS) Kahayan bagian hulu. Kuta ini termasuk istimewa karena masih nampak beberapa tiangnya, baik dari bagian pagar keliling maupun bangunan di dalamnya. Penelitian ini bertujuan untuk merekonstruksi bentuk, simbol, dan kronologi hunian berbenteng Mapot. Penelitian bersifat deskriptif dengan pendekatan induktif. Pengumpulan data menggunakan metode survei, ekskavasi, wawancara, dan studi pustaka. Hasil penelitian memberi gambaran bahwa Kuta Mapot berbentuk persegi, yang dibentuk oleh pagar keliling dari balok ulin, dilengkapi dengan beberapa patung yang bermakna simbolik sebagai penolak bala sekaligus penjaga, dan bangunan patahu. Secara kronologi (absolut) berdasarkan analisis 14C, Mapot berada di kisaran abad ke-5--20 Masehi, sedangkan secara relatif (keramik Cina) berada pada abad ke-18--20 Masehi. Pendukung Kuta Mapot adalah masyarakat asli, yang sekarang dikenal dengan nama masyarakat Ngaju yang tinggal di Desa Tumbang Lapan, Kecamatan Rungan Hulu. Kuta Mapot, located in the Tumbang Lapan Village, Rungan Hulu Subdistrict, Gunungmas Regency, Central Kalimantan Province, is a fortified residence on the banks of the Tumbang Lapan tributary, in the upper of Kahayan River Basin. Kuta is specially considered because there can still be found some pillars, both from the part of the fences and the buildings inside. This study aims to reconstruct the shape, symbols, and chronology of Mapot fortified dwellings in the village of Tumbang Lapan. Research is descriptive with an inductive approach. The data were collected by survey, excavation, interview, and literature study methods. The study can illustrate that Kuta Mapot is square in shape, formed by a perimeter fence of ironwood beams, equipped with several sculptures that have symbolic meanings as repellent as well as guards, and patahu building. Chronologically (absolute) based on C14 analysis, Mapot is in the range of the 5th-20th century AD, while relatively (Chinese ceramics) is in the 18th-20th century AD. Supporters of Kuta Mapot were indigenous people, now known as Ngaju people who live in Tumbang Lapan Village, Rungan Hulu District.

scholarly journals The Local Wisdom of Batak Toba through the Philosophy of Dalihan Na Tolu in a Kinship Environment

2021 ◽  
Vol 4 (2) ◽  
pp. 759-765
Author(s):  
Rufer Firma Harianja ◽  
Ajat Sudrajat
Keyword(s):  
Content Analysis ◽  
Qualitative Method ◽  
Analysis Approach ◽  
Religious Values ◽  
Human Being ◽  
Cultural System ◽  
Life Patterns ◽  
The Earth ◽  
Kinship System ◽  
The Universe

Local wisdom is a wisdom of noble values that is still wise and relies on a philosophy of behavior and ethics. Batak Toba has a wisdom that regulates the system and life patterns of others, known as Dalihan Na Tolu. This paper discusses how the Dalihan Na Tolu philosophy affects the kinship system in the Batak Toba community and its benefits for the wider community. To interpret the data, this paper uses a qualitative method with a content analysis approach to analyze in depth what is in a discussion in the text, which can be grouped according to the theme or material to be studied. Dalihan Na Tolu is connected from the old belief of the Batak Toba tribe to Mula Jadi Na Bolon (God of the universe) who also rules the three realms, namely the heavens, the earth and after death. Dalihan Na Tolu has a philosophy, namely somba marhula-hula, manat mardongan tubu, and elek marboru”. It means that every Batak person must respect / obey his wife's family, be careful with family members and be obedient to his husband's side. The cultural system of dalih na tolu is required to behave helping or caring for relatives at every opportunity and this behavior for the Toba Batak people is perceived as a high value and is also a noble and noble act. In fact, the Dalihan Natolu philosophy is not only for the Batak people, because fair, social and religious values are the needs of every human being.

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.

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