Female Status of Inheritance Customary Law in Batak Toba Society in Humbanghasundutan Regency, Lintongnihuta District

Abstrak

The well-known family system in the Toba Batak community is the patrilineal system, which follows the male lineage and is the generation of the parents' ancestors, while daughters are not the parents' generation. The consequences of this system greatly affect the position of daughters in terms of inheritance. TAP MPRS Number II of 1960 and Supreme Court Decision Number 179 K/Sip/1961 are developments in the position of girls as heirs of their parents. This research uses empirical juridical research methods. Samples were taken by random sampling. The analysis carried out is by using descriptive analysis which will describe, explain and reveal the actual position of girls in the traditional inheritance law of the Toba Batak community who live permanently in Lintongnihuta District and what factors influence the development of girls' inheritance. From the research results obtained, in principle the patrilineal family system is maintained and what changes and develops is the influence of this system on the position of daughters in terms of inheritance. With the issuance of Supreme Court Decision Number 1769K/Sip/1961, we are moving towards a parenting system that provides equality, humanity, justice and equal rights between sons and daughters in inheriting their parents' assets. The conclusion from the research results is that the position of girls has experienced development in sharing the same inheritance as boys. With this neutral nature, modernization occurs which leads to homogeneity, namely showing the existence of equality between men and women and has a large influence in the field of customary law, especially the Batak customary inheritance law that exists overseas.