PENYELESAIAN SENGKETA TANAH WARISAN MENURUT HUKUM ADAT REJANG DI KABUPATEN KEPAHIANG

Edytiawarman, Edytiawarman (2015) PENYELESAIAN SENGKETA TANAH WARISAN MENURUT HUKUM ADAT REJANG DI KABUPATEN KEPAHIANG. Bengkoelen Justice, 1 (2). pp. 45-59. ISSN 2088-3412

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Abstract

The research is aimed to the study aims to explain the inheritance of land dispute resolution process and to determine the factors inhibiting the settlement of land disputes inheritance according to customary law in the District Kepahiang. The data is collected through study of documentation for secondary data and interviews for primary data. Determination of sample is done by purposive sampling method, the sample is determined by deliberately based on a certain considerations and data analysis done using qualitative analysis. The results showed that the resolution of the dispute settlement under Customary Law Rejang event of a dispute in the division of inheritance is done by consensus, if not obtained the results of deliberation, it can be resolved by consensus with the involvement of indigenous peoples and chairman of the figures by taking into account customary forms of marriage done by parents heirs. If these efforts do not succeed, then it can be pursued through the courts by filling a lawsuit to the court of law in the region of the heirs concerned. That the limiting factor in the resolution of the dispute is when the division of inheritance is not uneven and would control the entire estate, one of the principle that the rights as heir male larger than female heirs. Male heirs is difficult to consulted, so that should be involved a respection of party to reconcile them or it could be through the village head/chairman of the local custom.

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