Kedudukan Ahli Waris dalam Waris Adat Nias (Penelitian pada Masyarakat Nias di Kecamatan Boronadu Kabupaten Nias Selatan)

Abstract

Indonesia is a country of law known for its diversity of religions, tribes and races rich in its legal rules. Customary law has been recognized in Indonesia with the guarantee of non-infringement and does not remove the values of Pancasila and the principles of the Republic of Indonesia. The people of Nias have their own inheritance rules based on religious beliefs that are considered not against the principles of the Unitary State of the Republic of Indonesia. The problems to be studied in the position of heirs in indigenous inheritance of Nias whose research on Nias community in Boronadu District of South Nias Regency are: 1). How is the heir of the heirs in Nias customary heritage. 2). How is the inheritance system in the customary inheritance of nias. 3). What are the Barrier Factors (inappropriate) become the heirs. The customary law of "custom recht " is the whole ordinance, stipulated in authoritative decisions, and which in its implementation is applied "offhand" meaning without the existence of the whole rule, which in its birth is declared binding at all. The law of inheritance is the law which regulates the transfer of wealth which is left behind by a deceased person and the consequences for the heirs. In this case the object of the transition is the property left by the penitent. The type of research in this study using the method of type Normative Juridical Research is where the authors will look for accurate facts by studying existing norms that are always ignored by people who use primary and secondary data sources. The nature of the research used in completing this thesis is the descriptive analysis of some customary rules that exist in the Nias area on the customary law of customary law of Nias tribe who specialized in Boronadu District of South Nias Regency. Technique of collecting data is library research (Library Research) that is by doing research to various source of reading that is book, law magazine, opinion of scholars, law regulation and also lecture materials. Field Research (Field Research) is by doing spaciousness in this directly conduct studies in Boronadu District of South Nias Regency with interviews with customary head and indigenous petingi. Boronadu is one of the sub districts of several sub-districts in South Nias District located in the South that occupies about 10,000 people, The designated village for the study site is Bohalu village which is inhabited by 80 houses and 90 families (Head of Family).