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THE IMPLEMENTATION OF THE WOMEN'S HEIR

VIEWED FROM POSITIVE LAW

Abstract
This study, entitled "Implementation of Section Heir Women in the District
public Jonggat, Central Lombok". As for the problem of this research are
used Inheritance Law and the implementation of the division of Heirs
Women in the District public Jonggat, Central Lombok. This study aimed to
analyze the law and Inheritance Law regarding the application process
section heir Jonggat women in the district, Central Lombok. This study is
normative and empirical legal research, with the approach of legislation,
concepts and sociological. Results of research on the law

Summary

IMPLEMENTATION OF SECTION HEIR WOMAN SEEN FROM POSITIVE


LAW
By: Muzakir Salat

In the Indonesian people who accept the conditions stated pluralism


inheritance laws apply and are still far from the unification of law, this is
because the Indonesian people still support pluralist, both from the aspect
of religion, ethnicity, race, tribe, and nation. All of this resulted in the
difference in values of justice developed in the community.
Implementation of inheritance strongly associated with religiously
oriented, customs of each ethnic and some are referring to the law of BW.
Based on the description above, the problem can be formulated as
follows: a. which inheritance law applied to the sub-district community
Jonggat? b. How the implementation part female heirs are are reviewed
based on positive law in the District Jonggat? The objectives of this study
are: a. In order to know the law of inheritance used sub-district community
Jonggat; b. In order to investigate the implementation of the division of
inheritance for heirs of the woman in society Jonggat districts.
In this research using empirical normative approach, source of data
obtained from field data and literature data. The data type is primary and
secondary data. Techniques and data collection tools to collect library
materials, either in the form of legislation, the results of legal research,
and other literary materials relating to research for a data library, whereas
the field data obtained by direct interviews with respondents who
specified that reside in the village Barejulat and Bunkate Village, District
Jonggat.
On the results of this study describes the Inheritance Law used in the
District Jonggat society is Islamic law that is influenced by customary law.
This is because people are Muslim and still comply with customary law.
Part gained 2:1 whose implementation is based on the term "Belembah
Bebande" which means men get two parts, while women get one piece.
The distribution of inheritance for women in the District public Jonggat
using Islamic Law and customary law which emphasizes the principle of
consultation and consensus, and implementation can be done at the time
of the testator is alive or after death.

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