Abstract :
The problems of allocation of an inheritance will never cease when they are
analyzed based on the system of kinship which is practiced either by a certain
traditional community or by the community that follows the bonds of matrimony with
different kinship such as in interracial marriage. The research used descriptive
analytic method which described, explained, and analyzed inheritance system in the
intermarriage between a Bataknese and a Minangkabaunese.
The result of the research showed that the existence of various kinds of ethnic
groups in Indonesia had caused intermarriages with different kinship so that the
allocation of inheritance from parents to their children would change. The allocation
of inheritance in the community that practices patrilineal system has changed in
which the allocation of inheritance in the intermarriage of the patrilineal community
usually uses individual inheritance system of the Adat Law although some of them use
inheritance system based on the Islamic Law. The allocation of inheritance in the
community that practices matrilineal system, although the parties concerned come
from matrilineal kinship system, when there is intermarriage, the kinship system is
not used. The allocation of inheritance is done according to the agreement of the
heirs as what is practiced in the patrilineal system. This system has also been
changed in the inheritance allocation system which is done either according to the
mutual agreement or to the Islamic Law.
It is recommended that the adat community that performs intermarriage
between a Bataknese and a Minangkabaunese nationally should treat differently
between male and female, especially in the inheritance allocation system, since they
are equal in the eyes of God. It is also recommended that the policy makers should
make a judicial codification on the allocation of inheritance in the intermarriage
between a Bataknese and a Minangkabaunese, including the marriage in the different
kinship system of community, so that it can give fairness to the community, especially
to the heirs.