Nathasya Irish Rachelninta, . (2025) IMPLEMENTASI HAK WARIS PEREMPUAN DALAM MASYARAKAT ADAT PATRILINEAL. Jurnal USM Law Review (JULR), 8 (1). pp. 86-104. ISSN 2621-4105
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Abstract
This study aims to analyze the implementation of women's inheritance rights within the patrilineal customary system of Karo ethnic group and the judicial considerations based on the Medan High Court Decision No. 400/Pdt.2023/PT MDN. The urgency of this research lies in harmonizing legal pluralism, particularly the role of judges in inheritance cases and their impact on the development of customary law and gender equality for Karo women and the community. This study employs a normative juridical method to examine the application of customary inheritance law in the distribution of inheritance assets through judicial decisions. The novelty of this research expands on an analysis of the implementation of Karo customary inheritance law in relation to gender equality within civil inheritance law. It refers to the inheritance rights of Karo women in actual cases, distinguishing it from other studies that discuss Karo customary inheritance law or court case resolutions in a purely regulatory manner. The findings reveal that the implementation of Karo women's inheritance rights is reflected in court decisions, where women receive a share, albeit smaller than men, due to differences in rights and obligations. Judges consider customary law as the closest legal framework for the family while also taking gender justice into account by accommodating the inheritance rights of Karo women. The application of Karo customary inheritance law in asset distribution continues to uphold gender fairness for Karo women. This study is expected to contribute both practically and theoretically to the enforcement of a just customary inheritance law.
| Item Type: | Article |
|---|---|
| Additional Information: | [No. Panggil: 2110611123] [Pembimbing: Sulastri] [Penguji 1: Heru Sugiyono] [Penguji 2: Iwan Erar Joesoef] |
| Uncontrolled Keywords: | Inheritance Rights; Karo Ethnic Group; Women |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | NATHASYA IRISH RACHELNINTA |
| Date Deposited: | 07 Aug 2025 06:42 |
| Last Modified: | 07 Aug 2025 06:42 |
| URI: | http://repository.upnvj.ac.id/id/eprint/38542 |
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