KEDUDUKAN ANAK LAKI-LAKI DALAM SISTEM PEWARISAN PADA PERKAWINAN ETINIS TIONGHOA BERDASARKAN KEADILAN

Abstract

Inheritance law is a body of regulations that governs the wealth left by the heir and
the effects of this transfer on those who inherit it, both in terms of their relationships with one
another and with other people. All rights and duties are instantly transmitted to the heirs
upon death. According to teachings, the Chinese ethnic community frequently applies
customary law. The position of a tall boy is more assured. It has long been accepted among
the indigenous Chinese population that only sons are entitled to the whole inheritance, while
females can only inherit jewels. In according to Article 131 IS, which applies to the Civil
Code, the Chinese community is considered a population group for the purposes of
inheritance distribution. The goal of this thesis is to investigate the status of sons in the
system of son inheritance in ethnic Chinese marriages and to learn about the system of son
inheritance in ethnic Chinese marriages based of justice.
This type of research is empirical research. Basically, it is a comparative study
between legal ideals and legal reality in the form of actions (law in action). The data sources
used consist of primary legal materials, secondary legal materials and tertiary legal
materials. Data collection techniques in this study were carried out by interviews and
literature studies by taking quotations from the literature that had links with the problems of
this research.
The results of the research conducted, there are several conclusions obtained,
namely: First, Chinese customs do not regulate in writing regarding the position of children,
in practice the position of sons in ethnic Chinese is higher than that of women which is
carried out from generation to generation. Second, justice can be guaranteed from the
binding nature of codified civil regulations in the process of resolving cases of inheritance
distribution in ethnic Chinese communities.
Keywords: Inheritance System – Chinese – Boy Position.