Justitia et Pax
Vol. 42 No. 1 (2026): Justitia et Pax Volume 42 Nomor 1 Tahun 2026

ANALISIS YURIDIS PENYELESAIAN PERMASALAHAN PEWARISAN HUKUM ADAT BATAK TOBA ATAS SISTEM KEKERABATAN PATRILINEAL

Musyafah, Aisyah Ayu (Unknown)
Sabila, Salsa (Unknown)



Article Info

Publish Date
19 May 2026

Abstract

Customary inheritance law in the Batak Toba community is closely related to the patrilineal kinship system, which traditionally places sons as successors of lineage, family property, and customary responsibilities. However, social change, judicial development, and the principle of equality under Indonesian law have influenced the position of daughters in inheritance disputes. This article aims to analyse the inheritance system in Batak Toba customary law and examine the legal position of women in Batak Toba inheritance under Indonesian positive law. This research uses a normative juridical method with statutory, conceptual, and case approaches. The findings show that Batak Toba inheritance practice cannot be understood as a uniform rule that absolutely excludes women from inheritance. Although the patrilineal structure traditionally prioritises sons, women may obtain property through grants, Pauseang, family agreement, or judicial recognition. Supreme Court decisions have also contributed to the recognition of inheritance rights for daughters and widows. This article argues that resolving Batak Toba inheritance disputes requires a model of harmonisation between customary values and Indonesian positive law, particularly by distinguishing women’s legal entitlement to inheritance from customary grants or family-based compensation.

Copyrights © 2026






Journal Info

Abbrev

justitiaetpax

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JEP is primarily aimed to facilitate the legal scholars, researchers or practitioners in publishing their original or reviewed articles as well as to support the enactment of in-depth discussions on the related issues. It is also purposed to become a source of reference for those are involved in ...