Abstract
The problem that will be discussed in this article is about the inheritance rights of a widower according to the customary inheritance of the Batak Toba, whether the widower according to the customary inheritance law of the Batak Toba gets an inheritance from his wife's family. The type of normative legal research used in this article is supported by references or secondary data as the basic material for research related to the issues discussed, that is the rights of the inheritance of widowers in Batak Toba. The data sources used are primary data and secondary data. The data from the results of this study will be analyzed with a qualitative approach, then will be described descriptively. The conclusion obtained from this study is that a Toba Batak widower, in the customary inheritance law of the Batak Toba does not inherit from his wife's family because the wife is a family member of the husband (honest marriage), because the wife herself does not also get an inheritance fromhis parents, because in Batak Toba community, only sons (his wife's brother) get a share of the inheritance and become the heirs of the wife's parents.
Highlights
The characteristic found in the inheritance system of the Batak Toba community is that it adheres to kinship characteristics but the pattern focuses on the Patrilineal kinship system, which is drawing the lineage from the father (Riste, 2015)
It is an inheritance system in which every inheritance or inheritance from the heir will be divided according to the statutory law of the Civil Code and Islamic law, this system is used by the indigenous peoples who are in families who come from the Java area, and Batak Toba tribe with a patrilineal kinship system
In the Batak Toba customary inheritance law system, the son is entitled to receive the inheritance or hereinafter referred to as the heir, while the position of a daughter is seen from the division of inheritance, does not become an heir for the inheritance of her parents, because a woman will one day marry a man and become part of her husband's clan, the daughter will get a share of the inheritance from her husband's parents, because of this, it can be said that the daughter in the customary inheritance system Batak
Summary
The characteristic found in the inheritance system of the Batak Toba community is that it adheres to kinship characteristics but the pattern focuses on the Patrilineal kinship system, which is drawing the lineage from the father (Riste, 2015). The individual inheritance system adopted by the Batak Toba indigenous people forms their society so that they have an identity and customary law that has always been binding on them to present. In Patrilineal kinship as embraced by the Batak Toba indigenous people, it is the son who becomes the heir, and none of the daughters becomes the heir, but in the future, it is possible to receive part of the inheritance in the form of a gift from his brother. The type of research used in this article is the type of normative legal research, that is research conducted by examining references or secondary data as basic materials to be researched by conducting a search on regulations in the form of books and literature related to the problem discussed, the inheritance rights of widowers in the Batak Toba. The data from the results of this study are analyzed using a qualitative approach, meaning that the literature data is analyzed in-depth, described descriptively
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