Pelaksanaan Pembagian Harta Warisan Berdasarkan Hukum Adat Pada Masyarakat Suku Minangkabau di Kota Matsum II Medan

Abstract

Indonesia has a variety of customs, in each of the diversity of customs that are owned it is also different from the customary law that applies therein, both in terms of marriage law and also the law in the distribution of inheritance. One of the tribes who strongly upholds customary law is the Minangkabau tribe. Minangkabau is a place in Indonesia where people can meet people who are governed according to the mother's law (matrilineal), starting from a small living environment, from the family, to the very top environment, a "nagari" so that it can be seen that the blood line factor according to the mother's line is a factor that governs the organization of the community, even though in the latter environment mentioned, the nagari still encounters the presence of other binding factors. In this case, Matsum City II, Medan Area Subdistrict has a population of 80% inhabited by the Minang tribe community, the authors are interested in examining the region. The formulation of the problem in this research is how the implementation of the distribution of inheritance in the Minangkabau tribal community in Matsum City and how the factors that cause changes in the distribution of the inheritance of the Minangkabau tribal community, especially those living in Matsum City, of Medan . The type of legal research used is empirical and normative which is descriptive in nature. The location of the study was conducted in the District of Matsum II City, Medan Area District. The data used consists of primary and secondary data. The data is collected by library study and field study methods. The data that has been collected is analyzed qualitatively. Based on the results of the author's research conducted in the City of Matsum II City, Medan Area District, 90% actually no longer use the customary inheritance system in the distribution of inheritance. That is because the community prefers the distribution of inheritance based on Islamic inheritance law because the distribution of inheritance based on Islamic law is clearly regulated in the Qur'an. The factors causing changes in the inheritance distribution system is due to the migration of the Minangkabau tribe people who have assets based on the results of livelihood with their husbands and wives during overseas so that the Minangkabau tribal people prefer to share the inheritance based on Islamic law.