Media Hukum Indonesia (MHI)
Vol 4, No 2 (2026): June

Hak Waris Anak Perempuan Menurut Hukum Adat Batak

Axel Gultom (Fakultas Hukum, UPN Veteran Jakarta, Jalan RS. Fatmawati, Pondok Labu, Jakarta Selatan, DKI Jakarta)
Johan Binsar Rockefeller Manurung (Fakultas Hukum, UPN Veteran Jakarta, Jalan RS. Fatmawati, Pondok Labu, Jakarta Selatan, DKI Jakarta)
Muhammad Zadith Taqwa (Fakultas Hukum, UPN Veteran Jakarta, Jalan RS. Fatmawati, Pondok Labu, Jakarta Selatan, DKI Jakarta)
Dwi Desi Yayi Tarina (Fakultas Hukum, UPN Veteran Jakarta, Jalan RS. Fatmawati, Pondok Labu, Jakarta Selatan, DKI Jakarta)



Article Info

Publish Date
11 Jun 2026

Abstract

This study examines the inheritance rights of daughters under Batak Toba customary law, which is based on a patrilineal kinship system. The background of the problem highlights the prioritization of inheritance distribution to sons as the successors of the clan (marga), resulting in daughters traditionally not receiving inheritance, as they are considered to join their husband’s clan after marriage. The research problems include the regulation of inheritance rights, the legal standing of Supreme Court Decision Number 179 K/Sip/1961, and its current implementation in society. The research method is normative juridical, employing a literature study approach and qualitative analysis of positive legal norms. The results indicate that the decision recognizes the inheritance rights of daughters, although it does not entirely eliminate customary practices. Its implementation varies: traditional communities tend to maintain the old norms, while urban societies are more inclusive through family deliberation. It is concluded that Batak Toba customary law is undergoing dynamic adaptation toward national principles of justice, emphasizing the harmonization between customary law and modern legal systems.

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Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...