PENYELESAIAN SENGKETA PEMBAGIAN WARIS PADA MASYARAKAT ADAT DI DESA HAREFANAESE KABUPATEN NIAS UTARA

Abstract

Customary inheritance is part of customary law relating to norms or rules in determining the amount
of assets, both material and immaterial that can be handed over to their descendants and also regulates
when, how and how the process of transferring assets, both material and immaterial. Nias is a follower
of Patrilineal culture, where the position of the father (male) has the main position in the lineage.
Generally, in the customs of the Patrilineal community, the person who can inherit the inheritance is
the person who continues the lineage. The implementation of inheritance distribution to the indigenous
people of Nias in Harefanaese Village experienced a shift from the customary rules that should be,
where currently there are several families who have given inheritance to their daughters even though it
is in the form of small items but there are also those who have given inheritance in the form of land.
Even though there are customary provisions that regulate inheritance issues, there are still
problems/conflicts that occur due to the implementation of inheritance distribution. The objectives of
this study are as follows: First, to determine the implementation of inheritance distribution to
indigenous peoples in Harefanaese Village, North Nias Regency, Second, to determine the settlement of
inheritance distribution disputes among indigenous peoples in Harefanaese Village, North Nias
Regency. This research is a sociological law research. That is, this research directly observes the
spaciousness, the research location is Harefanaese Village, North Nias Regency. The sampling
technique is a purposive sampling technique. The research data collection uses primary data and
secondary data. The data collection technique in this study is interviews and literature review and is
concluded by qualitative. Can be drawn; first, that the implementation of the distribution that took place
in Harefanaese Village, experienced many shifts from the customary rules that should have been, where
currently there are several families who have given inheritance to their daughters, secondly, the
settlement of inheritance distribution disputes to indigenous peoples in Harefanaese Village, North Nias
Regency, namely by holding consultations.
Keywords: Inheritance-Customary-Dispute Resolution