Settlement of Inheritance Dispute Through Non Litigation on Sumbawa Community Of West Nusa Tenggara Province

Indah Dugi Cahyono, Sulistyowati Iriyanto, Muhammad Sood

Abstract


This article aims to analyze the implementation of transition and distribution of inheritance from the inheritor to the recipient of inheritance, and the solution of inheritance disputes through non-litigation in the West Sumbawa community. This article sourced from the results of empirical legal research with a legal and anthropological approachs. The type of data is secondary and primary data that analyzed qualitatively. The results showed that, transition and distribution of inheritance in West Sumbawa community, generally conducted when the inheritor is still alive, with the aim that the inheritance recipient know the portion received, avoid rights disputes, support the lives of married inheritors, and so that the inheritor spirits can calm down akherat, while the determination of portion of each recipient of inheritances is two parts for men and one part for women. Settlement of inheritance disputes, generally through non-litigation efforts. This model refers to the principle of inter-family deliberation, or by mediation that involves a third party as a mediator. This model is beneficial for the parties because their secrecy is guaranteed to protect, the procedures for settlement are fast, very simple, informal, and the costs are very cheap. So, the parties are more free to negotiate, and the results are peace (Win-win Solution), so that the relations of the parties will remain harmonious.

Keywords


Settlement; Disputes; Inheritance; Community

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References


Ali, Zainuddin. (2008). Implementation of inheritance law in Indonesia, Jakarta: Sinar Grafika.

Ash-Shabuni, Muhammad Ali. (1995). Distribution of inheritance according to Islam. Jakarta: Gema Insani.

Ramulyo, M. Idris. (1982). "A Comparison between the Teachings of Sjafi'I and the obligatory testamentary in Egypt, concerning the Distribution of Inheritance for Grandchildren According to Islam", Law and Development Magazine Number 2 Year. XII March 1982, Jakarta: FHUI.

Cahyono, Indah Dugi. (2016). Settlement of Inheritance Dispute through Non Litigation in West Sumbawa Regency,West Nusa Tenggara Province. Report of the S3 Dissertation Research, Doctoral Program of Law Faculty, University of Mataram.

Hadikusuma, Hilman. (2003). Customary Inheritance Law. Bandung: Citra Aditya Bakti,

Samsori, Djamat. (2013). Indonesian Customary Law, Existence in the Dynamics of Legal Development in Indonesia, Bandung: CV. Nuansa Aulia.

Wignojodipoero, Soerojo. (1988). Introduction and Principles of Customary Law, Jakarta: Haji Masagung.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.839

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