Pewarisan Pada Etnis Tionghoa Sumatera Barat Menuju Harmonisasi Hukum Waris di Indonesia

Beatrix, Benni (2016) Pewarisan Pada Etnis Tionghoa Sumatera Barat Menuju Harmonisasi Hukum Waris di Indonesia. Doctoral thesis, Universitas Andalas.

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Abstract

The Dutch Indies government politics of law, in which divided the Indonesian society into three groups has impacted in form of pluralism consequence within the civil law field including its law of inheritance, that applied three types of inheritance law in Indonesia, which are The Western Civil Law of Inheritance, The Islamic Law of Inheritance and The Custom Law of Inheritance. For those whom are the Chinese ethnics, their law of inherintance system is still based on under the community classification regulated in the Article 131 and Article 163 of Dutch Indies gazetted, where in the meantime this classification is conflicting to the 2006, No. 12 Act of Law and to the 2008, No. 40 Act of Law, as both law do not recognize the society classification anymore. The Problem Formulation taken in this research are (1) How does the Chinese ethnics’ Inheritance process apply in West Sumatra? (2) How does the Chinese ethnics’ Inheritancy applied upon the multi-religion of Buddish, Confucius, Christian, Hindu and the Moslem Chinese Ethnic in the West Sumatra? (3) How could it creates a harmonized Chinese ethnics’ law of inheritance in the West Sumatra? The methodology used in this research is the non-doctrinal approach (socio legal research). In this research, law is not merely viewed as common normative values instead, it is considered as part of the life process in the society. Datas collecting were executed through field study and literature study, while the data analysis completed qualitatively. The research resulting in conclusion, that basically the Chinese ethnics embrace the values and philosophy of Cofucius which primarily patriarcthic instead of matriarcthic, including in its inheritance field of law. However, in West Sumatra, the law of inheritance within the Chinese ethnics has stopped embracing the Confucius values, it bows to the system of the Western Civil Law of Inheritance, that tends based its values into the Dutch Indies government politics of law. Religion factor is also not fully applied to the Chinese ethnics inheritance system in West Sumatra, except to those whom are moslems. Therefore, a harmonized Chinese’ ethnics inheritance law in West Sumatra is necessary to be embodiment in a form of mutual discussion for agreement to create a uniformity regarding choiches of inheritance law and the share inherited by each of heir. The result of the agreement ought to be resulting as an authentic deed in the form of certificate of inheritance. Key words: Harmonized, Law of Inheritance, Chinese ethnics.

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