The Settlement of Inheritance Dispute of Batak Toba People in Medan District Court (Case Study of Court Decision No. 198/PDT/2011/PT-MDN)

Inheritance Law in Indonesia is still Pluralistic, where there are still people
who use the source of Islamic Law, Civil Law and Customary Law. In the
North Sumatera Province, Sout Tapanuli is still very strong with
Customary Law especially in the division of inheritance. The inheritance
system of Batak Toba uses the patrilineal kinship where in the inheritance
the daughter is not as the heir of her family but the men are those who
become heirs. This causes a lot conflict that led them to initiate legal
proceedings, sothat the Supreme Court can issue a verdict. 197K/Sip/1961
is the regulation which gives women their rights back. The purpose of this
study is to find out about the legal sourcesthat are used by Judges in the
settlement of inheritance dispute of Batak Toba people in Medan District
Court Number 198/PDT/2011/PT-MDN and to find out about the
consideration of Judges in assessing the cases of the settlements of
inheritance dispute of Batak Toba people in Medan District Court Number
198/PDT/2011/PT-MDN. The method research used is the normative
method. This is done by recovering bibiliographic data and scientific
journals as well as documents relating to the problems analyzed. The result
of the research is that the Judge uses Article 852 in Civil Code and
Supreme Court Decision No. 707K/Sip/1973 in giving its verdict, and
override the Customary Law of Batak Toba’s Inheritance and Judges’
judgment in assessing the settlement of inheritance dispute No.
198/PDT/2011/PT-MDN which states that girls are entitled to inheritance
rights in equal parts with boys, in order to avoid discrimination within the
Batak Toba community.This is also supported by mindset of head
customary institution in the distribution of inheritance in the Batak Toba
community.
Keyword : Dispute settlement of inheritance, Customary Law of Batak
Toba, Medan District Court Decision, People of Batak Toba