Short Communication
Year: 2022 | Month: January | Volume: 9 | Issue: 1 | Pages: 642-649
DOI: https://doi.org/10.52403/ijrr.20220175
Comparison of the Distribution of Heritages According to the Kuhperdata and Nias Traditions in (Siofaewali Selatan Village)
Bernat Panjaitan1, Maya Jannah2, Nimrot Siahaan3, Indra Kumalasasri M4, Sriono5
1,2,3,4,5Law Study Program, Faculty of law, Labuhanbatu University, Indonesia.
Corresponding Author: Bernat Panjaitan
ABSTRACT
One of the legal rules used in the process of dividing inheritance is customary law. Provisions and The existence of customary inheritance law has regulated the distribution of inheritance, in which the arrangement has accommodated the rights and obligations between the testator and his heirs. In simple terms, customary law can be interpreted as joint citizens of a legal alliance because of the similarity of residence or on the basis of descent. Customary law always prioritizes equality while still viewing togetherness as a reference in the inheritance process. The existence of customary law in the order of people's lives will always exist and continue to grow because customary law is a rule that lives and develops according to the culture and social values adopted in society. The existence of customary law after the constitutional amendment has been recognized and guaranteed its existence as stated in the 1945 Constitution Article 18 Paragraph (2) which states that the State recognizes and respects customary law community units along with traditional rights as long as they are still alive and in accordance with the development of society and the principles of the unitary state of the republic of Indonesia as regulated in law. Fair distribution of inheritance in accordance with applicable law is the basis that must be met in the distribution process. The existence of children in the distribution of inheritance has a very important position, where the presence of children will directly cause the process of inheritance between parents to their children. So that the existence of customary law must be maintained and preserved as a culture and noble values that develop and grow in people's lives. On the other hand, understanding the position of children in the process of distributing inheritance according to the Civil Code, as well as how the process of distributing inheritance according to Nias customary law, is also very important for the author, which is the basis for conducting this research.
Keywords: Distribution of heirs according to the Civil Code and Nias Customs.
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