Analisis Yuridis Pembuktian Kedudukan Ahli Waris Atas Harta Warisan Kepemilikan Tanah Adat Batak Toba (Studi Putusan Mahkamah Agung Nomor 628 PK/PDT/2020)

Abstract

Inheritance disputes over Batak Toba customary land often create complex legal problems due to the dualism of legal systems between customary law and positive law. The case in Supreme Court Decision Number 628 PK/PDT/2020 highlights important issues regarding the validity of colonial documents as evidence of ownership and heir status over customary land. The research problems in this study are: 1) What is the concept of heir status on inheritance of Batak Toba customary land ownership? 2) What is the juridical proof process of heir status on inheritance of Batak Toba customary land ownership? 3) What is the juridical analysis of judicial considerations in Supreme Court Decision Number 628 PK/PDT/2020 regarding proof of heir status on inheritance of Batak Toba customary land ownership? The method used in this writing is normative juridical research method, conducted through library research. This research is descriptive analytical by examining court decisions, legislation, customary law literature, and other relevant legal sources. The research results show that the Batak Toba customary land inheritance system demonstrates an evolution from pure patrilineal tradition to a more inclusive system that begins to recognize women's inheritance rights. The proof process of heir status has evolved from traditional customary mechanisms through family deliberation and customary elder testimony, to formal systems involving state legal evidence in courts. Supreme Court Decision Number 628 PK/PDT/2020 proves the success of judicial approach in combining customary historical evidence with formal law, producing decisions that are consistent across all levels of judiciary and acceptable both legally and customarily, thus reflecting successful integration between customary law and national law systems in resolving customary land inheritance disputes in Indonesia.