Kedudukan Ahli Waris Pengganti (Patah Titi) Menurut Hukum Adat Aceh dan Kompilasi Hukum Islam Pada Masyarakat Aceh (Studi Lapangan, Gampong Kuta Lhoksukon, Kabupaten Aceh Utara)

Abstract

Indonesia adheres to a pluralistic inheritance system-comprising customary inheritance law, Islamic inheritance law, and civil inheritance law-therefore inheritance distribution practices across regions are strongly influenced by local kinship systems and cultural traditions. In Aceh, particularly in Gampong Kuta Lhoksukon, the patah titi customary principle remains prevalent and rejects the position of substitute heirs, resulting in grandchildren being excluded from intheritance if their parents predecease the deceased. This condition contradicts Article 185 of the Islamic Law Compilation (KHI), which recognizes substitute heirs by allowing grandchildren to inherit the portion that would have belonged to their deceased parents, but in practice often leads to injustice. Thus, this thesis examines the position of substitute heirs (patah titi) under Aceh customary law and the Islamic Law Compilation within Aceh society, through a field study conducted in Gampong Kuta Lhoksukon, North Aceh Regency. The research addresses the following questions: How is the regulation and position of substitute heirs governed under the KHI inheritance system; how is the implementation of inheritance distribution for substitute heirs carried out according to Aceh customary law and the KHI; and how is the legal analysis regarding the legal protection of substitute heirs under Aceh customary law and the KHI who do not receive inheritance rights? This study employs an empirical juridical method with a descriptive-analytical approach. The legal materials consist of primary legal sources such as the 1945 Constitution, the KHI, and customary law provisions (living law), as well as secondary legal materials including draf legislation, research findings, academic journals, and expert opinions. The research approach incorporates statutory and analytical approaches. The research findings show that the KHI provides a clear legal basis for the recognition of substitute heirs, with the limitation that grandchildren's shares may not exceed those of their parents. However, within Aceh customary law, the practice of patah titi remains dominant as it is considered consistent with classical fiqh. The inconsistency between the principles of justice and legal protection embedded in the KHI and the customary practice results in grandchildren losing their inheritance rights. The analysis in this thesis affirms the need to strengthen legal protection for substitute heirs through harmonization between customary law and Islamiw law, in alignment with the principles of justice, public interest (maslahah), and the Receptio a Contrario theory, wich places Islamic law as the primary legal source insofar as it does not conflict with customary norms.