PELAKSANAAN HUKUM WARIS DALAM LINGKUNGAN MASYARAKAT ADAT SUKU PEPADUN DI GEDONGTATAAN KABUPATEN PESAWARAN PROPINSI LAMPUNG
The research aims to understand the implementation of customary inheritance law in Pepadun race of Gedongtataan Pasawaran Regency Lampung Province and the influence of Islamic Law towards the implementation of customary inheritance in Pepadun Race society and the notary's role in inheriting...
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| Format: | Thesis |
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[Yogyakarta] : Universitas Gadjah Mada
2015
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| Summary: | The research aims to understand the implementation of customary inheritance law
in Pepadun race of Gedongtataan Pasawaran Regency Lampung Province and the
influence of Islamic Law towards the implementation of customary inheritance in
Pepadun Race society and the notary's role in inheriting in Pepadun Race society.
The approach used in research is juridical empirical law or sociological law
research, namely the research is conducted to achieve primary data relating to everything
in the field and they are connected to the legal/law. This research is conducted through
library and filed research. The subject of this research is Pepadun Race society who
concern in the process of inheritances. The technique of collecting data uses purpose
sampling. The collected data from research finding are analyzed in qualitative way and
then they are described.
Research finding shows that the implementation of the descendant and kinship
system followed by customary law in Pepadun Gedongtataan society strongly influence
and considering the system of inheriting that is applied in which the system of inheriting
in Pepadun race is 'mayorat' man and through temporarily delay before the inheritance
is shared to all inheritees. Some of Pepadun's customary inheritance law has similarity
Islamic law and it also indicates the influence of Islamic law itself. It seems that the gift
of leadership to the wealth (inheritance) to the son followed by the obligation to buy
inheritor's debts first before, as in Islamic inheritance law. The involvement of notary in
customary inheriting process is still very limited and it has not been maximized by the
society. Most of inheriting process can be conducted in kinship way and deliberately. To
achieve the guarantee and certainty as inheritee is done by local institution/village
official through the published certificate of inheritance by itself. |
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