Analisis Kedudukan Janda Setelah Meninggalnya Suami dalam Hal Penerimaan Warisan Menurut Hukum Adat Batak Toba di Tarutung (Penelitian di Desa Hutauruk dan Desa Simanungkalit, Kecamatan Sipoholon, Tarutung)

Abstract

Batak society is one of the societies that bases lineage through genealogical factors, it certainly has an effect on the customs that exist in the community. The problem that can be found in Hutauruk and Simanungkalit Village is that there are widows who do not accept the provisions obtained by a widow after the death of her husband in the distribution of the property she gets and there is also a widow who marries her brother-in-law, this is done so that the inheritance obtained by a widow remains hereditary in the family. This research is juridical research that is descriptive analysis. This juridical research is carried out by conducting interviews with respondents and informants. Juridical research is carried out by field studies to obtain secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials with interview and documentation instruments. Data analysis in this research is carried out qualitatively. The results of the study show that firstly, the position of a widow due to the death of her husband in Hutauruk and Simanungkalit Village, whether she has descendants or does not have descendants who decide to stay at her husband's residence, will be treated the same as a mother or a woman who was married to the clan. Secondly, the customary inheritance law that occurs in Tarutung holds tightly to its patrilineal system so that male descendants are the legitimate heirs of their husband's family generation who get inheritance not only from the husband's parents but from his father as well, while women are heirs from their father and are entitled to get inheritance from their father. A widow in this case is not an heir to the property obtained from her husband's parents but the widow is given the right to manage the inheritance that has been given to her descendants to support them. Thirdly, dispute resolution that occurs in Tarutung, especially Hutauruk and Simanungkalit Village in terms of inheritance distribution, can be done non- litigation and litigation. Non-litigation dispute resolution is by way of marhata or deliberation between families while Litigation dispute resolution is by filing a lawsuit through the Court.