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All Journal Widya Yuridika BHIRAWA LAW JOURNAL
Mulyono, Galih Puji
Faculty of Law University of Merdeka Malang
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Perkembangan Kedudukan Perempuan dalam Pewarisan Hukum Adat Batak Toba di Kota Malang Lumban Gaol, Sastra Gunawan; Budiastanti, Dhaniar Eka; Shanty, Wika Yudha; Ariyanti, Ariyanti; Mulyono, Galih Puji
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.12955

Abstract

The Indonesian nation has a wealth of customs which form a strong identity in the lives of its people. One custom that has its own characteristics is the Toba Batak tradition, especially in terms of dividing inheritance. In the Toba Batak traditional inheritance system, the distribution of inheritance traditionally prioritizes sons. This is different from the provisions in the Indonesian Civil Code (KUHPerdata) which equalize inheritance rights between sons and daughters. This research uses empirical legal research methods which aim to examine the position of girls in Toba Batak traditional inheritance law in Malang City, as well as to identify factors that influence changes in perspectives on girls' inheritance rights. Apart from that, this research also seeks to understand the mechanism for resolving traditional inheritance disputes carried out by Toba Batak traditional leaders. The research results show that although the Toba Batak community in Malang City still adheres to a patrilineal system, there has been significant development in recognizing the inheritance rights of girls. Girls are now starting to get equal inheritance rights with boys, especially for property obtained from their own hard work. Efforts to resolve traditional inheritance disputes by Toba Batak traditional leaders in Malang City also show an effort to bridge traditional values with modern realities, creating harmony between customary law and state law.
Kedudukan Hukum Adat: Sebuah Perbandingan Hukum Positif di Beberapa Negara Mulyoto, Galih Puji; Mulyono, Galih Puji; Laila, Khotbatul; Budiastanti, Dhaniar Eka; Bidasari, Anindya; Wisuda, Selvia
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4569

Abstract

The existence of customary law in positive law often creates ambiguity in the implementation of law enforcement and legal sources. There is a problem here with this principle placing customary law as a source of law. The purpose of this paper is to provide input on the position of customary law in positive law in Indonesia by comparing several Anglo-Saxon and civil law countries. This research method uses normative legal research with a comparative approach. The results and discussion in this study describe the position of customary law in Indonesia, the Philippines, Malaysia, and Brunei Darussalam. The positive laws of these countries regulate the position of customary law in its position as a source of law and law enforcement. Customary law in the Philippines is a dispute resolution tool related to community problems with customary law so that there is no overlap in the enforcement of laws and regulations. Customary law in Malaysia is not codified in the customary law, it is codified in the law. Courts do not play a role in the development of customary law. Customary law is also developed by the courts. Positive law that applies to all society positive law applies to all society. Brunei Darussalam still lives in society and is still widely used positive law is the law that applies to all communities and customary law is the main source of law in Brunei Darussalam.
Co-Authors Ariyanti Ariyanti Bidasari, Anindya Budiastanti, Dhaniar Eka Galih Puji Mulyoto Laila, Khotbatul Lumban Gaol, Sastra Gunawan Wika Yudha Shanty, Wika Yudha Wisuda, Selvia