The development of inheritance customary legal norm on Minangkabau indigenous society

Ellyne Dwi Poespasari ()
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Ellyne Dwi Poespasari: Ph.D. Faculty of Law, Airlangga University Surabaya, Indonesia

Juridical Tribune - Review of Comparative and International Law, 2020, vol. 10, issue 2, 328-334

Abstract: Minangkabau tribes or Minangkabau (often called Padang people)) are tribes originally from West Sumatra, Indonesia. This tribe is famous for its customs and its matrilineal kinship system (maternal or female lineage), where the position of female takes precedence over male. Customary law norms indigenous societies of Minangkabau after Judge Decision are a change. On the legal concept of the inheritance of Minangkabau customary, wife cannot be the heir of her late husband. Within the judges' decisions, the widow's status as the heir to the property of her husband gaining recognition. Therefore, Judge's rulings are a contradictive rule compared to the norm of Minangkabau customary law which they embrace Matrilineal kinship system. While there is no clear definition of widow and her children (both male and female) not become the heirs of her late husband or father. In Minangkabau, if there is a property from late husband or father then the right to inherit will be given to his sister and niece. Thus, the existence of new jurisprudence is a new breakthrough to make a new development of value on the old customary law toward the value of new customary law.

Keywords: Minangkabau Tribes; legal norm; inheritage customary law; indigenous society. (search for similar items in EconPapers)
JEL-codes: K15 (search for similar items in EconPapers)
Date: 2020
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