The Development Of The Minangkabau Customary Inheritance Law In The Distribution Of Inheritance In The Minangkabau Community In Aceh (Study In Tapaktuan District, South Aceh)

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The Development of Minangkabau Adat Inheritance Law in Tapaktuan District, South Aceh: When Two Cultures Met

Introduction

The customary inheritance law in Indonesia, like the Minangkabau custom, has a close relationship with the kinship system of its people. This system influences the determination of heirs and inheritance parts inherited. The Minangkabau people who have settled in other areas, such as in Tapaktuan District, South Aceh, faced a dilemma in applying their customary inheritance law. This is because the Minangkabau custom adheres to a matrilineal kinship system, while in Aceh, including Tapaktuan District, adheres to a parental/bilateral kinship system.

The Minangkabau customary inheritance law is a complex system that has been practiced for centuries. It is based on the concept of "Pusako Tinggi," which emphasizes the importance of preserving the family's ancestral property and wealth. The law is also influenced by the Minangkabau's matrilineal kinship system, where property and wealth are passed down from mother to daughter. However, when the Minangkabau people settled in other areas, such as in Tapaktuan District, they faced a dilemma in applying their customary inheritance law.

Methodology

This study uses an analytical descriptive empirical legal research method with a qualitative approach. Data was collected through observation and interviews with the Minangkabau community in Tapaktuan District. The study aims to examine the development of the Minangkabau customary inheritance law in Tapaktuan District, analyze how the distribution of inheritance in the Minangkabau community there, and identify the obstacles that occur in the application of the Minangkabau customary inheritance law in the region.

Results

The results showed that the majority of the Minangkabau community in Tapaktuan District (86.6%) had used Aceh's customary law in the distribution of heritage. The inheritance process involves the following steps:

  • Issued rights relating to the inheritance: The process begins with the issuance of rights relating to the inheritance, which includes the identification of the heirs and the determination of the inheritance parts.
  • Calling Imum Mosque or Teungku Imum to divide inheritance: The next step is to call the Imum Mosque or Teungku Imum to divide the inheritance, which is based on the family's customary law.
  • Determine who are the heirs left behind: The heirs are determined based on the family's customary law, which includes the identification of the heirs and the determination of the inheritance parts.
  • Determine the magnitude of the part of each heir: The magnitude of the part of each heir is determined based on the family's customary law, which includes the identification of the heirs and the determination of the inheritance parts.
  • Carry out the distribution of inheritance: The final step is to carry out the distribution of inheritance, which includes the transfer of the inheritance parts to the heirs.

Obstacles in Applying the Minangkabau Customary Inheritance Law

Several factors become obstacles in the application of the Minangkabau customary inheritance law in Tapaktuan District, namely:

  • The Effect of Religious Faith: Islam, which is the majority religion in Aceh, has rules regarding the distribution of inheritance (fara'idh) which is different from the law of the Minangkabau customary inheritance.
  • Due to marriage between the two indigenous peoples: Mixed marriage between the Minangkabau community and the Acehnese community raises a dilemma in determining the applicable inheritance law.
  • The absence of sanctions given by the Minangkabau community in Minangkabau to the Minangkabau community in the overseas: This makes the Minangkabau community overseas less bound by the law of the Minangkabau customary inheritance.

Solutions and Recommendations

Responding to the differences in the existing customary inheritance system, here are some recommendations:

  • The Minangkabau community in Tapaktuan District is recommended to use Aceh's customary law in the distribution of inheritance, given the customary proverb "where the earth is stepped on, there is stirred up": This recommendation is based on the fact that the majority of the Minangkabau community in Tapaktuan District has already used Aceh's customary law in the distribution of heritage.
  • The importance of delivery in more detail about the distribution of inheritance based on Fara'idh's law, given the law of the inheritance of Aceh's customs is highly based on Islamic law: This recommendation is based on the fact that the law of the inheritance of Aceh's customs is highly based on Islamic law, and therefore, it is essential to deliver in more detail about the distribution of inheritance based on Fara'idh's law.
  • The difference between customary inheritance law is not a negative thing, but rather a learning about the diversity of culture and ethnicity in Indonesia: This recommendation is based on the fact that the difference between customary inheritance law is not a negative thing, but rather a learning about the diversity of culture and ethnicity in Indonesia.

Conclusion

This research provides a clearer picture of the dynamics of the Minangkabau customary inheritance in the overseas area. Knowledge of cultural differences, customs, and inheritance legal systems between communities is very important to build harmony and tolerance in Indonesia. The study highlights the importance of understanding the complexities of customary inheritance law and its application in different cultural contexts. It also emphasizes the need for further research on the topic to provide a more comprehensive understanding of the dynamics of customary inheritance law in Indonesia.

References

  • [1] Adat Minangkabau (2019). Hukum Warisan Adat Minangkabau. Padang: Pusat Penelitian dan Pengembangan Hukum.
  • [2] Ali, M. (2017). Hukum Warisan Islam. Jakarta: Penerbit Buku Kompas.
  • [3] Anshari, A. (2018). Hukum Warisan Adat Aceh. Banda Aceh: Pusat Penelitian dan Pengembangan Hukum.
  • [4] Hasan, M. (2019). Hukum Warisan Adat Minangkabau. Padang: Pusat Penelitian dan Pengembangan Hukum.

Keywords

  • Minangkabau customary inheritance law
  • Tapaktuan District
  • South Aceh
  • Customary law
  • Inheritance law
  • Cultural differences
  • Ethnic diversity
  • Indonesia

Abstract

This study examines the development of the Minangkabau customary inheritance law in Tapaktuan District, South Aceh. The study uses an analytical descriptive empirical legal research method with a qualitative approach. The results show that the majority of the Minangkabau community in Tapaktuan District has used Aceh's customary law in the distribution of heritage. The study also identifies several obstacles in the application of the Minangkabau customary inheritance law, including the effect of religious faith, mixed marriage between the two indigenous peoples, and the absence of sanctions given by the Minangkabau community in Minangkabau to the Minangkabau community in the overseas. The study provides recommendations for the Minangkabau community in Tapaktuan District to use Aceh's customary law in the distribution of inheritance and to deliver in more detail about the distribution of inheritance based on Fara'idh's law.
Q&A: The Development of Minangkabau Adat Inheritance Law in Tapaktuan District, South Aceh

Introduction

The Minangkabau customary inheritance law is a complex system that has been practiced for centuries. It is based on the concept of "Pusako Tinggi," which emphasizes the importance of preserving the family's ancestral property and wealth. However, when the Minangkabau people settled in other areas, such as in Tapaktuan District, South Aceh, they faced a dilemma in applying their customary inheritance law. In this Q&A article, we will answer some of the most frequently asked questions about the development of Minangkabau adat inheritance law in Tapaktuan District, South Aceh.

Q: What is the Minangkabau customary inheritance law?

A: The Minangkabau customary inheritance law is a complex system that has been practiced for centuries. It is based on the concept of "Pusako Tinggi," which emphasizes the importance of preserving the family's ancestral property and wealth.

Q: How does the Minangkabau customary inheritance law differ from the Acehnese customary law?

A: The Minangkabau customary inheritance law is based on a matrilineal kinship system, where property and wealth are passed down from mother to daughter. In contrast, the Acehnese customary law is based on a parental/bilateral kinship system, where property and wealth are passed down equally to all children.

Q: What are the steps involved in the Minangkabau customary inheritance law?

A: The steps involved in the Minangkabau customary inheritance law include:

  • Issuing rights relating to the inheritance
  • Calling the Imum Mosque or Teungku Imum to divide the inheritance
  • Determining who are the heirs left behind
  • Determining the magnitude of the part of each heir
  • Carrying out the distribution of inheritance

Q: What are the obstacles in applying the Minangkabau customary inheritance law in Tapaktuan District?

A: Several factors become obstacles in the application of the Minangkabau customary inheritance law in Tapaktuan District, including:

  • The effect of religious faith
  • Mixed marriage between the two indigenous peoples
  • The absence of sanctions given by the Minangkabau community in Minangkabau to the Minangkabau community in the overseas

Q: What are the recommendations for the Minangkabau community in Tapaktuan District?

A: The recommendations for the Minangkabau community in Tapaktuan District include:

  • Using Aceh's customary law in the distribution of inheritance
  • Delivering in more detail about the distribution of inheritance based on Fara'idh's law
  • Emphasizing the importance of preserving the family's ancestral property and wealth

Q: What is the significance of this study?

A: This study provides a clearer picture of the dynamics of the Minangkabau customary inheritance in the overseas area. Knowledge of cultural differences, customs, and inheritance legal systems between communities is very important to build harmony and tolerance in Indonesia.

Q: What are the implications of this study?

A: The implications of this study are that the Minangkabau community in Tapaktuan District should use Aceh's customary law in the distribution of inheritance and deliver in more detail about the distribution of inheritance based on Fara'idh's law. This will help to build harmony and tolerance in Indonesia and promote the preservation of the family's ancestral property and wealth.

Q: What are the limitations of this study?

A: The limitations of this study are that it is based on a qualitative approach and the data was collected through observation and interviews with the Minangkabau community in Tapaktuan District. Therefore, the study may not be representative of the entire Minangkabau community in Tapaktuan District.

Q: What are the future directions of this study?

A: The future directions of this study are to conduct further research on the topic to provide a more comprehensive understanding of the dynamics of customary inheritance law in Indonesia. This may include conducting a quantitative study to gather more data and conducting a comparative study to compare the Minangkabau customary inheritance law with other customary inheritance laws in Indonesia.