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DISPUTE SETTLEMENT NORM OF ESTATE DISTRIBUTION ON ADAT PEOPLE OF MINANGKABAU (WEST SUMATRA) Poespasari, Ellyne Dwi
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.1284

Principally, dispute settlement of estate distribution on Minangkabau People is done by deliberation. If its settlement through deliberation is failed, an effort to solve the dispute through court needs to be conducted. This paper studies first, how is the opinion of judicial institution in the dispute of estate distribution on Minangkabau people; second, how is the implication of estate distribution on Minangkabau people after judgeâ€™s verdict. This is normative research with statute approach and case approach. The result of this research shows that there is the possibility of judicial institutionâ€™s verdict in the dispute settlement of estate distribution which is contradicted with adat law of Minangkabau (Matrilineal kinship). However, if it is seen from the legal perspective, estate distribution of Minangkabau people after judgeâ€™s verdict can be a breakthrough that is able to change the value of old adat law into the new one.Â Keywords: Dispute settlement, estate distribution, matrilineal kinship.

The Position of Mamak Kepala Waris in High Ancestral Inheritance in Minangkabau Indigenous Community Ellyne Dwi Poespasari
Jurnal Dinamika Hukum Vol 19, No 1 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.1.2214

There has been a paradigm shift on the legal stance, role and function of ‘mamak kepala waris’ in ‘harta pusaka tinggi’ –inheritance that has been handed down to generations– in the Minangkabau community. This article examines several legal issues regarding the role of ‘mamak kepala waris’ in ‘harta pusaka tinggi’ in the Minangkabau indigenous community. Firstly, how is the legal position of mamak kepala waris in the management of ‘harta pusaka tinggi’ in Minangkabau. Secondly, how is the current development of the role of ‘mamak kepala waris’ in ‘harta pusaka tinggi’ in the Minangkabau indigenous community. This research is an empirical juridical research with descriptive analysis. The primary data for this study were obtained through observation, interviews with respondents and legal experts, while the secondary data were taken from desk study on legal documents including jurisprudence and legal theories. The results of the study: first, the legal position of ‘mamak kepala waris’ is very important in managing, regulating, supervising and being responsible for the properties that have been inherited through generations (harta pusaka tinggi) for the benefit of nieces. The mamak kepala waris is the holder of the control and maintenance of harta pusaka tinggi of the community. Second: the development of the Minangkabau indigenous people is inseparable from the change in their society, because the Minangkabau people are dynamic and able to keep up with the current development both internally and externally.Keywords: mamak kepala waris, harta pusaka tinggi, matrilineal descent

KEDUDUKAN ANAK LUAR KAWIN DALAM PEWARISAN DITINJAU DARI SISTEM HUKUM KEKERABATAN ADAT Ellyne Dwi Poespasari
Perspektif Vol 19, No 3 (2014): Edisi September
Publisher : Institute for Research and Community Services (LPPM) of Wijaya Kusuma Surabaya University

Kedudukan anak luar kawin dapat didasarkan pada ketiga sistem kekerabatan yang ada, yaitu pada sistem kekerabatan patrilineal, kekerabatan matrilineal dan sistem kekerabatan parental. Kedudukan anak luar kawin dalam hukum adat bukan sebagai ahli waris dan bukan sebagai penerus keturunan dari bapaknya secara biologis. Anak luar kawin hanya mempunyai hubungan dengan ibunya dan kerabat ibunya. Namun terkait dengan Yurisprudensi Mahkamah Agung dan Putusan MK Nomor 46/PUU-VIII/2010, maka telah membuka peluang bagi anak luar kawin untuk mendapatkan harta warisan dan perlindungan hukum dengan orang yang diduga sebagai bapaknya biologis dari anak luar kawin tersebut.The position of children born out of wedlock can be based on the three kinship systems which are patrilineal kinship system (based on kinship with the father or the male line), matrilineal kinship system and parental kinship system. The position of children born out of wedlock in customary law is not as the beneficiary of their parents or is not the descendant of their fathers, biologically. Children born out of wedlock are only has relationship with the mothers or mothers’ relatives. Therefore, by the Jurisprudence of Supreme Court and Constitutional Court Number 46/PUU-VIII/2010, there will be chances for children born out of wedlock to get law protection and inherit from a person who is assumed as the father of the children.

Legal Knowledge Related to Land Registration and Electronic Certification of Land Ownership Oemar Moechthar; Soelistyowati Soelistyowati; Ellyne Dwi Poespasari
Veteran Society : Jurnal Pengabdian Masyarakat Vol 2 No 2 (2021): Veteran Society Journal
Publisher : Faculty of Law

Abstract The dynamics of land in Indonesia have led to various conflicts, one of which is proof of land rights in the form of land rights certificates. The existing conditions, until 2021, it turns out that many rights subjects do not have land rights certificates; they only rely on evidence in the form of old rights, including girik, pipil, kekitir. The proof of the ancient rights proved to be less able to guarantee legal certainty and legal protection than the certificate of land rights stated in the UUPA. In addition, there is Regulation Number 1 of 2021 concerning Electronic Certificates that must be applied. This situation will be a problem that will be discussed related to land registration which is done manually turning into electronic, which is later expected to make it easier for the community to obtain proof of ownership of their land rights. This activity is part of implementing the Tri Dharma of Higher Education, one of which is community service in the form of legal counseling. Through this activity, it is hoped that the community can play an active role in registering proof of land rights for certification and encourage the achievement of "no land ownership without certificates" that the Government can carry out. Keywords: Evidence of land ownership; Electronic Certificate; Land Registration; Community Service.

THE APPLICATION OF THE DEVELOPMENT OF CUSTOMARY INHERITANCE LAW ACCORDING TO THE JURISPRUDENCE OF THE SUPREME COURT Ellyne Dwi Poespasari; Sri Hajati; S Soelistyowati
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 29, No 1 (2017)
Publisher : Fakultas Hukum Universitas Gadjah Mada

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.

KEDUDUKAN ANAK LUAR KAWIN DALAM PEWARISAN DITINJAU DARI SISTEM HUKUM KEKERABATAN ADAT Ellyne Dwi Poespasari
Perspektif Vol. 19 No. 3 (2014): Edisi September
Publisher : Institute for Research and Community Services (LPPM) of Wijaya Kusuma Surabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/perspektif.v19i3.23

Kedudukan anak luar kawin dapat didasarkan pada ketiga sistem kekerabatan yang ada, yaitu pada sistem kekerabatan patrilineal, kekerabatan matrilineal dan sistem kekerabatan parental. Kedudukan anak luar kawin dalam hukum adat bukan sebagai ahli waris dan bukan sebagai penerus keturunan dari bapaknya secara biologis. Anak luar kawin hanya mempunyai hubungan dengan ibunya dan kerabat ibunya. Namun terkait dengan Yurisprudensi Mahkamah Agung dan Putusan MK Nomor 46/PUU-VIII/2010, maka telah membuka peluang bagi anak luar kawin untuk mendapatkan harta warisan dan perlindungan hukum dengan orang yang diduga sebagai bapaknya biologis dari anak luar kawin tersebut.The position of children born out of wedlock can be based on the three kinship systems which are patrilineal kinship system (based on kinship with the father or the male line), matrilineal kinship system and parental kinship system. The position of children born out of wedlock in customary law is not as the beneficiary of their parents or is not the descendant of their fathers, biologically. Children born out of wedlock are only has relationship with the mothers or mothers’ relatives. Therefore, by the Jurisprudence of Supreme Court and Constitutional Court Number 46/PUU-VIII/2010, there will be chances for children born out of wedlock to get law protection and inherit from a person who is assumed as the father of the children.

The Epistemology of Land in an Adat Perspective: Philosophical Aspects of Human Relations With Land in the View of Mohammad Koesnoe Moechthar, Oemar; Sekarmadji, Agus; Soelistyowati; Poespasari, Ellyne Dwi; Sampe, John Roberto
Media Iuris Vol. 7 No. 1 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i1.44976

AbstractThe spirit of agrarian law reform in Indonesia has been proposed since 2001, but to date it has not been realized. On the one hand, the existence of adat law as the basis for the formation of national agrarian law as stated in the UUPA needs to be questioned again, whether it actually uses adat law as its raw material, or whether it still uses colonial law. The discussion in this article aims to contribute ideas related to the reform of agrarian law in Indonesia which is based on customary law regarding land. The direction of this reform is based more on the views of adat law expert, Mohammad Koesnoe. The type of research in this article is legal research using a conceptual approach and also a statute approach, and analyzed using historical, systematic and grammatical interpretation methods. The research results show that customary law is still relevant to use as a basis for legal reform in Indonesia while still referring to the rechtsidee of the Indonesian nation as stated in Pancasila. Therefore, agrarian reform in Indonesia should refer to the original law of the Indonesian people, namely adat law.Keywords: Adat Land Law; Agrarian Law Reform; Soil Epistemology.

SETTLEMENT OF DISPUTES OVER THE INHERITANCE PROPERTY DISTRIBUTION IN THE COMMUNITY OF JUWONO VILLAGE, NGANJUK Poespasari, Ellyne Dwi; Helmi, Hanum Rahmaniar; Soelistyowati, Soelistyowati; Sumedi, Muhammad; Erlangga, Afga Samudera
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i4.415

Inheritance disputes in the community of Juwono Village, Kertosono, Nganjuk, East Java, occur because there are several family parties who perceive that the distribution of inheritance has not been fair or not getting any part of the inheritance divided by the inheritor. This disagreement can lead to disputes among family members. This research aims to find out the fair inheritance distribution in Juwono Village community and its settlement. This research is a socio-legal research with an analytical descriptive approach. The results of this research indicated that inheritance distribution disputes that often occur in Juwono Village are disputes related to widows, widowers, biological children, adopted children, extra-marital children, and stepchildren who do not get the share of inheritance that has been determined by inheritance law. If the inheritance distribution dispute cannot be resolved through deliberation within the family or with the help of village officials, then the parties can file a lawsuit to the court.

THE SETTLEMENT OF ADOPTED CHILDREN STATUS REGARDING THE INHERITANCE OF ADOPTION PARENTS IN TORAJA COMMUNITIES Poespasari, Ellyne Dwi; Usanti, Trisadini Prasastinah; Soelistyowati
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.240

The child adoption in Toraja community is valid when it is conducted with traditional ceremony. However, the adoption of children that declared with traditional ceremonies still does not fully meet the requirements in written law which can lead to the legitimacy of adopted child position as the heir of his adoptive parents. The settlement of disputes over the inheritance distribution of adopted children can be resolved through the deliberations of relatives and customary heads. However, in its development, the Toraja community began to resolve these disputes through the courts, because it was considered more capable of providing justice and legal certainty. This legal research is empirical research (socio-legal research) that can be classified into analytical descriptive research. The data used is primary data, which is obtained from observation, interviews with respondents and informants while secondary data is in the form of judge's decisions and related legal theories.

INHERITANCE IN THE COMMUNITY OF JUWONO VILLAGE, KERTOSONO SUBDISTRICT, NGANJUK REGENCY, EAST JAVA Helmi, Hanum Rahmaniar; Poespasari, Ellyne Dwi; Soelistyowati, Soelistyowati; Erlangga, Afga Samudera; Agustine, Rahmawati Emma Audrya
YURIS: Journal of Court and Justice Vol. 2 Issue 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i4.564

In Juwono Village, Kertosono Subdistrict, Nganjuk Regency, East Java, inheritance follows a parental kinship system where descent is traced from both parents. All children, regardless of gender, have equal rights to their parents' inheritance, including original and joint property. Disputes may arise if any heir is dissatisfied with their share. This research aims to identify the system and the settlement of inheritance distribution in the Juwono Village Community, Kertosono Subdistrict, Nganjuk Regency, East Java. This research is a socio-legal research that can be classified into descriptive analytical research as this research examines the behavior of Juwono Village community members in the tradition of resolving disputes over the distribution of inheritance property to their heirs.The findings of this research revealed that in Juwono Village, inheritance is distributed based on parental kinship, granting equal rights to male and female heirs. Each heir receives an individual share to own and control. However, disputes often arise due to perceived inequities in the distribution, particularly concerning the shares of widows, widowers, biological children, adopted children, and stepchildren. These disputes, driven by differing interests and dissatisfaction, frequently lead to legal conflicts within the community.

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