| dc.description.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. | en_US |
