Hak Waris Anak Perempuan dalam Pewarisan Lingkungan Masyarakat Adat Tionghoa

Abstract

In the Chinese community, in the distribution of inheritance according to Chinese custom, sons are given priority over daughters. The problem is what is the inheritance system in Chinese society, the position of daughters in inheritance in Chinese customary law. What are the Inheritance Rights of Girls in Inheritance in the Chinese Indigenous Community? The purpose of this research is to know and understand the inheritance system in Chinese society, the position of girls in inheritance in Chinese customary law, the inheritance rights of girls in inheritance in traditional Chinese society. The type of research used is empirical juridical, descriptive analytical research. Sources of legal materials used are primary legal materials and secondary legal materials. Data collection uses library research and field studies. The data analysis used is qualitative analysis. The inheritance system in Chinese society is from the top line of family relationships, namely sons, the inheritance system is given to sons, woman are not heirs because women marry along with their husbands. The position of daughters in the division of inheritance in Chinese customary law is that sons still have priority in the division of inheritance. They still use the prevailing Chinese customs where men have privileges and a higher position as successors to the clan, inheritance when their parents die becomes their right man. Daughters have no right to inheritance.