Decision analysis number 23.pdt.g/2015/pn. GST concerning legacy in Chinese ethnics associated with traditional law perspective
Shafira Adzana M, Ilyas, Novi Sri Wahyuni
The Chinese community in Indonesia is one of the population groups which according to Article 131 IS applies to the Civil Code, but in implementation not all the provisions stipulated in the Civil Code are followed and sometimes even ignored. In the distribution of inheritance in Chinese customs, the position of sons and daughters is different. Boys have a higher position in the family, while in the Civil Code the distribution of inheritance between girls and boys is the same. In this case it brings legal consequences, namely about which law should apply. The purpose of this study is to find out and explain how to resolve disputes over the distribution of inheritance among Chinese people who do not agree to the distribution based on customary law, the judges' judgments on inheritance disputes for ethnic Chinese and the principles of justice, benefits and legal certainty of the decision of the Gunung Sitoli District Court. The research method used is normative juridical which is supported by empirical data. The results of the study found that the Chinese community did not entirely regulate family inheritance using Chinese customs. Family disputes that are resolved in court using civil law. The position of the heirs in the distribution of inheritance in the form of a guesthouse is in accordance with the rules. The distribution of inheritance in the decision No.23/PDT.G/2015/PN.Gst already reflects the principle of justice for both parties, contains the principle of benefit for both parties but for legal certainty using civil rules not according to Chinese customary law. It is recommended to the court to pay attention to considerations regarding the settlement of inheritance disputes in Chinese customs. Because it involves customs and specifically regarding aspects of the division of inheritance.
Shafira Adzana M, Ilyas, Novi Sri Wahyuni. Decision analysis number 23.pdt.g/2015/pn. GST concerning legacy in Chinese ethnics associated with traditional law perspective. International Journal of Law, Volume 8, Issue 6, 2022, Pages 156-160