Pengaruh Hukum Adat (Living Law) terhadap Keputusan Hakim dalam Perkara Perdata Waris (Studi Kasus dalam Putusan Pengadilan Negeri Nomor: 225/Pdt.G/2009/Pn. Mdn).

Abstract

The application of customary law as a living law within the Karo customary community, which adheres to a patrilineal kinship system, frequently gives rise to inheritance disputes, particularly concerning differences in interpretation regarding the legal standing of daughters as heirs and the status of the deceased's property. The main issue examined in this study is whether the disputed property constitutes inheritance assets that must be included in the inheritance estate (boedel warisan) or whether it has been transferred during the testator's lifetime as an inter vivos grant and customary marriage compensation hased on the impal customary relationship. These differing claims create legal uncertainty and necessitate resolution through judicial proceedings. This study aims to analyze the influence of Karo customary law on judicial considerations and decisions in civil inheritance District disputes, using 225/Pdi.G/2009/PN.Mdn as a case study. Court Decision Number

The research method employed is normative juridical research with a descriptive-analytical approach, supported by primary data obtained through interviews with judges and customary leaders, as well as secondary data in the form of statutory regulations, jurisprudence, and case documents. The evidence analyzed includes documentary evidence, physical control of the disputed property, tax payment records, and witness testimony regarding practices of inter vivos grants and customary marriage compensation. The results of the study indicate that the panel of judges prioritized formal evidentiary standards and the principle of legal certainty based on national civil law and Supreme Court jurisprudence, rather than relying predominantly on customary law considerations.