Analisis Hukum Waris Adat terhadap Pernikahan Berimpal di Suku Adat Karo (Studi di Kelurahan Padang Mas Kecamatan Kabanjahe Kabupaten Karo Sumatera Utara)

Abstract

The wedding ceremony in the Karo tribe is a very sacred event. Couples who are legally and religiously married but have not conducted the adat ceremony are not permitted to partake in other adat ceremonies. The Karo tribe is also religious and adheres to an exogamy system, where one must marry outside their clan. This gives rise to the cultural practice of Berimpal marriages. However, in practice, this introduces complexities in determining inheritance rights, joint property arrangements, and the preservation of adat traditions. This study aims to analyze the inheritance distribution mechanisms in Berimpal marriages and the legal protection for heirs in Padang Mas Village, Kabanjahe District, Karo Regency, North Sumatra. Additionally, it aims to analyze and understand the resolution of inheritance disputes arising from Berimpal marriages within the Karo adat community. This research employs an empirical juridical method. Legal materials consist of primary, secondary, and tertiary legal sources. The research location is Padang Mas Village, Kabanjahe District, Karo Regency, North Sumatra. Data collection techniques include literature research and interviews. Data analysis utilizes descriptive techniques through data reduction, presentation, and conclusion drawing stages. The research findings indicate: 1) The inheritance distribution mechanism in Berimpal marriages adheres to the values and norms upheld in the Karo adat tradition. The inheritance system in Karo adat society is highly patriarchal, focusing on the paternal lineage and granting exclusive rights to male children. 2) Legal protection for heirs who gain inheritance rights has legal force if recognized by local government. However, if not recognized by local government, the inheritance does not hold positive legal force. The Karo adat legal system lacks positive legal force, evidenced by Supreme Court decisions that recognize the rights of female children to have equal shares in Karo society inheritance. 3) Dispute resolution methods include civil law and kinship systems. Civil law provides legal certainty and enforcement of court decisions, while kinship-based dispute resolution emphasizes social harmony and the maintenance of familial relationships.