Riko Pirman, S.H, NIM.: 22203012069 (2024) DINAMIKA HUKUM KEWARISAN ADAT DI DESA LOLO HILIR, KECAMATAN BUKIT KERMAN, KEBUPATEN KERINCI. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.
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Text (DINAMIKA HUKUM KEWARISAN ADAT DI DESA LOLO HILIR, KECAMATAN BUKIT KERMAN, KEBUPATEN KERINCI)
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Abstract
The dynamics of customary inheritance law are changes in customary inheritance law that continuously occur in an area. The aim of establishing customary inheritance law is none other than to provide peace and justice for heirs so that conflicts do not occur in the inheritance distribution process. The customary inheritance law in Lolo downstream Village, Bukit Kerman District, Kerinci Regency, Jambi Province has changed several times, because customary inheritance law is no longer considered to be able to function in upholding justice and peace for families and communities. The non-functioning of customary inheritance law causes many conflicts to occur in every process of inheritance distribution, whether it is family division or even the most severe cases, up to murder. Based on this phenomenon, researchers are interested in studying in more depth why changes in customary inheritance law occur, how the community responds to the dynamics of customary inheritance law and what the dynamics of changes in customary inheritance law are in Lolo downstream Village, Bukit Kerman District, Kerinci Regency, Jambi Province. This type of research is field research with a legal sociologicalanthropological approach. The theory used to analyze the results of research on the existence of customary inheritance law in Lolo Hilir Village uses social construction theory according to Peter L. Berger and Thomas Luckman, with the nature of the research analytical descriptive. In the data collection method, researchers used the interview method to find out primary data and documentation methods to complete the primary data results by referring to books, journals, village profile documents and various other sources related to the research object. This research was conducted in Lolo downstream Village, Bukit Kerman District, Kerinci Regency, Jambi Province. The results of the research show that it is true that there has been a change in customary inheritance law in Lolo Hilir Village. The factors that cause change to occur generally consist of factors such as changing times and socialization of society. In general, these factors exist because the law cannot provide justice and peace for society. The large number of conflicts that occur when dividing inheritance makes people uncomfortable and afraid that something serious will happen. In this legal crisis, the Customary Institution established a new customary inheritance law to adapt to the conditions of society at that time, in order to create justice and peace again. The community's view of changes to customary inheritance law is that it supports changes to customary inheritance law which no longer provides justice for the community.
| Item Type: | Thesis (Masters) |
|---|---|
| Additional Information / Supervisor: | Prof. Dr. H. Riyanta, M.Hum. |
| Uncontrolled Keywords: | Hukum Kewarisan Islam, Hukum Kewarisan KUH Perdata, Hukum Kewarisan Adat |
| Subjects: | 300 Ilmu Sosial > 340 Ilmu Hukum > 346.05 Hukum Waris, Kewarisan |
| Divisions: | Fakultas Syariah dan Hukum > Magister Hukum Islam (S2) |
| Depositing User: | Muh Khabib, SIP. |
| Date Deposited: | 15 Jan 2025 09:47 |
| Last Modified: | 15 Jan 2025 09:47 |
| URI: | http://digilib.uin-suka.ac.id/id/eprint/69338 |
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