Hukum "Patah Titi" Sebagai Metode Pembagian Warisan Pada Masyarakat Adat Gayo Aceh Tengah

Abstract

Adat Inheritance Law, Patah Titi, is a method of inheritance distribution to a grandchild whose father has died so that he is not considered as the heir of his grandfather's inheritance when the latter dies, Article 183 of KHI (Compilation of the Istamic Laws) annuls or is contrary to the method of inheritance distribution, Patah Titi as it is in effect in Gayo, Aceh Tengah and changes it to the concept of Inheritance Substitute. The objective of this research is to analyze the implementation of Patah Titi inheritance, the method of Patah Titi inheritance according to KHI, and legal remedy done by the heirs of Patah Titi in the adat community of Gayo, Aceh Tengah,

The research used descriptive analytic method by using juridical normative approach in order to describe legal contradiction in the implementation of Patah Titi in the adat community of Gayo, Aceh Tengah.

The result of the research shows that the inheritance adat law of Patah Titt is still carried out by the adat community of Gayo, Aceh Tengah since it is not contrary to the Islamic law. Patah Titi method of inheritance distribution according to KHI is clearly contrary in its implementation since it ignores the right of a grandchild to get his inheritance, and there is injustice for him to get Jegal certainty in the inheritance distribution. However, by Article 185 of KHI, he has the opportunity to get Inheritance Substitute. Legal remedy done by heirs in Patah Titi is by negotiation mechanism through the Gayo adat system such as MAA (Aceh Adat Council) and through filing a complaint to the Aceh Sharia Court. It is recommended that Gayo Community always carry out Patah Titi inheritance method as the form of legal awareness which continuously exists in their adat law. The Government should not do inheritance substitute on grandchildren whose fathers have died because it will eliminate the adat law even though the Government wants to maintain legal universality of inheritance law in the Religious Court's Verdict. People should settle legal problems through negotiation, especially in inheritance dispute in Gayo, Aceh Tengah.