Lex Publica
Vol. 12 No. 1 (2025)

Clanless Children and Inheritance in the Indigenous Batak Community: A Case Study of Supreme Court Decision No. 1537 K/Pdt/2012

Naiborhu, Yoshua Putra Dinata (Unknown)
Saraswati, Rika (Unknown)
Nurhayati, B. Resti (Unknown)
Boputra, Emanuel (Unknown)



Article Info

Publish Date
06 Nov 2025

Abstract

The Batak people adhere to a patrilineal family system where the family system is drawn from the paternal line. The status of a child without a surname has consequences for inheritance, so that the inheritance process for descendants who do not have a surname causes problems in the future. The purpose of this study is to determine children without a surname according to the provisions of the Batak traditional community and the legal consequences for children without a surname as heirs. The approach method in this paper is normative-empirical research. The results of the study indicate that children can be born without a surname due to parental marriages that violate Batak customs, or lose their surname due to removal by traditional elders due to actions that embarrass, threaten, or provoke the community. Furthermore, Supreme Court Decision Number 1537 K / Pdt / 2012 in its decision, even if the child does not have a surname, as long as it can be proven that the child is the biological child of the deceased parent (heir) then the child has the right to appear as an heir.

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Journal Info

Abbrev

lexpublica

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Lex Publica (e-issn 2579-8855; p-issn 2354-9181) is an international, double blind peer reviewed, open access journal, featuring scholarly work which examines critical developments in the substance and process of legal systems throughout the world. Lex Publica published biannually online every June ...