Perkembangan Hukum Waris Pada Masyarakat Adat Besemah Di Kota Pagaralam Sumatera Selatan

Abstract

Indigenous peoples embracing Besemah patrilineal kinship system, the right to inherit is the eldest son of full age and or family, while girls are not as heir. Legal consequences arising from this patrilineal system is, that the wife because the marriage (usually marriage with an honest system of money payments), expelled from his family, then came in and became her husband's family. Along with the times that are influenced by economic development, politics, science and technology, there is a desire to balance the rights and status of men and women, especially in terms of inheritance. Under the terms of customary inheritance there is an imbalance between the authority and rights of women and men. The situation is contrary to the provisions of Law no. 1 of 1974 on Marriage that recognizes the equal rights and status of every citizen of Indonesia, both men and women. Therefore it is necessary to research to find out pembahagian estate Besemah on indigenous peoples. Research sites are in the City Pagaralam (Dempo districts north, south Dempo and Center Dempo) Province of South Sumatra. This research is descriptive analytical approach using empirical done by juridical qualitative. And inferences made by the inductive approach. The results showed that basically girls and widows are not heirs to the indigenous peoples Besemah, they can only benefit from the use of plants and plants on land controlled by the eldest son. However, in some indigenous peoples Besemah, girls also get a share of inheritance if the economic needs are considered in need. In the majority of indigenous Besemah Muslim, Islam factor greatly affects the distribution of the estate who understand that in Islam there are equal rights, that every family (male or female) gets a particular part of religion in accordance with the provisions of the estate left by heir.