KEDUDUKAN PERMPUAN DALAM HUKUM WARIS ADAT BATAK TOBA

Abstract

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordance with the development of society. Customary law who live in the midst of ethnic Indonesia is very strategic to be known and understood by law enforcement officials, legal observers and guidance in applying the appropriate legal and fair for Indonesian society.
The common law does not give the right role and the same degree between men and women in life, social, cultural, political, economic and domestic life and marriage property and inheritance. Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peoples embrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who embrace patrilineal kinship system, which is taken from the lineage of men. The boy has a dominant inheritance rights to inherit their parents than girls.
Kinship systems known in Toba Batak society is patrilineal system, which through the male lineage and is the next generation of his parents while girls not the generation of their parents, as a result of this system is very influential on the position of girls in matters of inheritance.Adat, Waris, Putusan Makamah Agung