KEDUDUKAN DAN HAK ANAK LUAR KAWIN TERHADAP WARISAN ORANGTUA BERDASARKAN HUKUM ADAT BATAK KARO DI DESA SUKANALU KECAMATAN BARUS JAHE

Abstract

Tradition is a reflection of the personality of a nation, and is one of the incarnations of the soul of the nation concerned from century to century, therefore every nation in this world has its own customs which are not the same as one another. Precisely because of this inequality it can be said that adat is the most important element that gives identity to the nation concerned. Indonesia is a country that is rich in indigenous peoples, which are owned by different regions and ethnic groups. Although the basis and nature are one, the customs that exist in Indonesia are very diverse and do not die in time, but are always on the move and there is an obligation to always develop in accordance with the circumstances of the times and the current civilization. These Tradition are used as a binding and applicable law. against the community, or what we often know as customary law. The problems that the authors make as the basis of this research are what is the position of the out-of-marriage child based on the Batak Karo Tradition in Sukanalu village, Barus Jahe sub-district, how is the inheritance rights of children outside of marriage based on Batak Karo customs in Sukanalu Village, Barus Jahe District. This type of research can be classified into the type of empirical or sociological research, because in this study the author directly conducts research at the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Suka Nalu Village, Barus Jahe District, the data sources used were: primary data and secondary data, data collection techniques in this study were observation, interviews and literature review. The results of this study are first. The position of the out-of-marriage child in the Karo Batak tribe is considered not to have a father's lineage or only to be a mother's lineage, so the position of an out-of-marriage child in inheritance from the heir is that the outside child is not part of the heir but this can change if the child is outside. that marriage is recognized by the heir as his biological child, the child outside marriage can occur due to the desire of the heir to have a son because the male son is the successor of the clan. Second, according to the customary law of Batak Karo, especially in Sukanalu Village, Barus Jahe District, outside marriage children do not get the inheritance of their parents, because the child comes from a marriage that is illegitimate or not recognized by Adat, but in nheritance rights of children outside of marriage based on Batak Karo customs in Sukanalu Village, Barus Jahe District.
Keywords: Customary Inheritance, Traditional Marriage, Batak Karo