IDEAS home Printed from https://ideas.repec.org/a/asr/journl/v10y2020i2p328-334.html
   My bibliography  Save this article

The development of inheritance customary legal norm on Minangkabau indigenous society

Author

Listed:
  • Ellyne Dwi Poespasari

    (Ph.D. Faculty of Law, Airlangga University Surabaya, Indonesia)

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.

Suggested Citation

  • Ellyne Dwi Poespasari, 2020. "The development of inheritance customary legal norm on Minangkabau indigenous society," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 10(2), pages 328-334, June.
  • Handle: RePEc:asr:journl:v:10:y:2020:i:2:p:328-334
    as

    Download full text from publisher

    File URL: http://www.tribunajuridica.eu/arhiva/An10v2/10.%20Ellyne%20Dwi%20Poespasari.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Minangkabau Tribes; legal norm; inheritage customary law; indigenous society.;
    All these keywords.

    JEL classification:

    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:asr:journl:v:10:y:2020:i:2:p:328-334. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/aseeero.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.