Distribution of Woman Inheritance In Batak Toba Traditions According To The Law

Abstract

The customary law society has a tendency to still acknowledge the existence of unwritten law as a law that enforces order and justice in the center of society, especially in arranging inheritance. Ethnic groups have a plethora of systems in the distribution of inheritance, including those that are arranged in various inheritance laws. Hence, an interesting issue is, “How is the constitutionality of woman’s inheritance distribution in the Batak Toba tradition according to the Law?”. The legal option regarding this inheritance matter is necessary in order to develop Indonesia’s national law in the centre of a diverse society. By giving an identical legal sub-system to a different society, and emphasizing a different legal sub-system may widen the distance between law and the feeling of justice within a society. Moreover, it’s crucial to implement the unification and strengthening of order regarding inheritance law in order to conceive legal certainty and the feeling of justice. If a legal dispute happens in distribution of inheritance, specifically towards the women of Batak Toba, which ends in court, the judge will determine the verdict based on legal values and justice that lives in a society.