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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice
Erlangga, Afga Samudera
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Law, Crime, Criminology & Criminal Justice

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THE EXISTENCE OF CUSTOMARY INHERITANCE LAW NORM DEVELOPMENT IN JURISPRUDENCE SUPREME COURT Poespasari, Dr. Ellyne Dwi; Erlangga, Afga Samudera; Soelistyowati, Dr.
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i2.326

Abstract

Customary inheritance law is affected by three kinship systems, which are patrilineal kinship, matrilineal kinship and parental kinship. These three kinship systems have their own characteristics that are typically traditional ones. Traditional customary inheritance law norms in the patrilineal kinship system explain that only male descendants are heirs in the distribution of their parents' inheritance. Meanwhile, women (daughters and widows) are not heirs of their parents/fathers or husbands. On the other hand, the norms of traditional customary inheritance law in Minangkabau with a matrilineal kinship system, which is from the mother or female line, are basically male descendants and female descendants of their mother's property. The father's property is inherited by his sisters and nieces. The norms of inheritance law in the parental kinship system do not distinguish between the position of sons and daughters. Therefore, both sons and daughters have the same rights in the distribution of inheritance from their parents. The development of customary inheritance law norms can be affected by the decisions of judges or the jurisprudence of the Supreme Court. The research method used normative legal research, which refers to legal norms regulated in laws and regulations, literature, expert opinions in order for the researchers to obtain information related to legal issues. Normative legal research is legal research conducted by examining literature or secondary legal materials as basic material to be researched by conducting searches of regulations, jurisprudence or judges' decisions and literature related to the issues discussed.
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

Abstract

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.
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

Abstract

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.
THE JURISPRUDENTIAL ROLE IN RESOLVING CUSTOMARY INHERITANCE DISPUTES Poespasari, Dr. Ellyne Dwi; Erlangga, Afga Samudera
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i3.819

Abstract

Customary inheritance law is influenced by three kinship systems: patrilineal, matrilineal, and parental. Disputes over customary inheritance often arise in traditional communities due to dissatisfaction with the division of assets. While these conflicts are commonly resolved through family deliberation or traditional institutions, dissatisfaction with a chief's decision can escalate to legal action in court. This research aims to understand how customary inheritance disputes are resolved within these kinship systems and how Supreme Court jurisprudence is applied following these resolutions. This study uses a legal methodology with a multi-faceted approach. A statute approach is used to analyze relevant laws and existing legal precedents. A conceptual approach examines applicable legal theories and doctrines, while a case approach is employed to analyze specific, legally binding court decisions that illustrate the development of customary inheritance law. The findings reveal that while initial resolutions are sought through customary channels, a persistent dissatisfaction can lead to legal action. However, the effective application of judicial precedent is hindered by a lack of knowledge within customary legal communities. Nevertheless, these court decisions have brought about significant change, particularly in Batak communities, where several legal precedents have led to women being granted and receiving inheritance rights.
Co-Authors Agustine, Rahmawati Emma Audrya Ellyne Dwi Poespasari Hanum Rahmaniar Helmi Poespasari, Dr. Ellyne Dwi Soelistyowati Soelistyowati Soelistyowati, Dr. Sumedi, Muhammad