ANALISISYURIDIS TERHADAP HAK WARISANAK PEREMPUANPADAMASYARAKATBATAKKAROMENURUT HUKUM ADAT (STUDI KASUSPUTUSAN MAHKAMAH AGUNG NOMOR 1542K/ PDT/1999 TANGGAL24 MEI 2000)

The purpose of this study is to investigate wheter court verdict on Nampat's Sitepu law dispute inheritance distribution has already in accordance with indigenous law in Batak Karo society. In addition, it was also intended to identify legal basis that thejudges used in deciding the case on inh...

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Bibliographic Details
Main Author: Perpustakaan UGM, i-lib
Format: Article
Published: [Yogyakarta] : Universitas Gadjah Mada 2010
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Summary:The purpose of this study is to investigate wheter court verdict on Nampat's Sitepu law dispute inheritance distribution has already in accordance with indigenous law in Batak Karo society. In addition, it was also intended to identify legal basis that thejudges used in deciding the case on inheritance distribution. This research analys Supreme Court is verdict No. 1542 KlPdt/1999, dated May 24,2000 that decided equality between daugter and son in the inheritance distribution of decedent's property. This research is conducted using normative law research, in particular literary law study. The data used in this research are secondary data of court written literatures, books and scientific articles and verdict on the dispute in Batak Karo society.Thisstudy has alsobeencompletedwithfield study by interviewing resource persons. Descriptive qualitative analyses was conducted to secondary data from literature study and interview of the resource persons. The results indicate that the panel of judges gave equality between daughter and son in inheritance distribution. Therefore the daughter, as plaintive, also has the right over the inheritance. This verdict does not in accordarce to indogenous law of Batak Karo society that still holds patrilineal inheritance system, in which the son get the inheritance. The legal basis that the panel of judges used is Civil Law Code, Law No. 39/1999 on Human Right and Verdict of Indonesia Supreme Court No. 179/KiSIP/1961 that becomes Jurisprudence in Indonesia.