TINJAUAN YURIDIS TERHADAP HAK DAN KEDUDUKAN JANDA DAN ANAK PEREMPUAN DI BIDANG KEWARISAN MENURUT HUKUM ADAT BATAK TOBA

Abstract

Toba Batak customary inheritance law still prioritizes sons as heirs because it adheres to a patrilineal system. The privilege of sons in inheriting family property in the Toba Batak customary community gives rise to equal rights for girls regarding inheritance from their parents today, because in essence both boys and girls have the same rights. The purpose of this study was to analyze the rights and position of widows according to the Toba Batak customary inheritance law, the rights and position of daughters according to the Toba Batak customary inheritance law, also to analyze the existence of the Toba Batak customary inheritance law and the application of the Toba Batak customary inheritance law based on decision No. 573K/Pdt/2017. The research method that the author uses is a normative juridical research method, which aims to analyze the problems that are carried out by combining legal materials (which are secondary data) with primary data obtained in the field. Data collection techniques were carried out in two ways, namely through library research methods (Library Research) and field research methods (Field Research). Based on the findings in this study, first, the position of a widow whose husband has died from the traditional Toba Batak kinship, does not have equal legal certainty in inheritance, especially if she does not have male offspring. Second, the legal choice for daughters and widows to own inherited property from their father or husband can only be made by submitting an application to the male relatives of the clan or through the courts. Third, in the decision which became the research material it was proven that the judge gave the right to daughters to get a share of her inheritance while the widow was considered to have mistakenly used her right to divide her husband's inheritance..

Keywords: Rights and Position of Widows, Rights and Status of Daughters, Inheritance, Toba Batak Customs