IMPLIKASI SISTEM KEKERABATAN PATRILINEAL TERHADAP KEWARISAN ANAK PEREMPUAN DALAM SUKU ADAT ALAS (Studi Kasus di Kabupaten Aceh Tenggara)
Abstract
The problem of inheritance in society is a social phenomenon that is directly related to legal issues. Inheritance in the legal perspective regulates the transition of property left by a deceased person to his heirs under terms and conditions stipulated under Islamic law, positive law, and customary law that grows and develops within a society. With regard to the customary law system of Alas, the implementation of inheritance in Southeast Aceh Regency there is a regulatory gap between Islamic law and the positive law prevailing in Indonesia with customary law prevailing in Southeast Aceh Regency, especially regarding the position of the heir of girls. Theoretically, the kinship system adopted in Alas society is a patrilineal pattern that draws the lineage from the fathers. This system in practice has implications for the inheritance of girls who do not seem to have the right to inheritance. All high-value inheritance collectively is controlled by male heirs, such as fathers, sons, uncles, grandfathers, even adopted sons can also hinder the inheritance of girls.
Moraref