
PERPUSTAKAAN STPN
Pengarang | AGRIN WIDIARTY SINAGA |
Penerbit | BPN RI STPN |
Tempat Terbit | Jogjakarta |
Tahun Terbit | 2015 |
Bahasa | Indonesia |
ISBN/ISSN | - |
Kolasi | - |
Subjek | |
Media | Skripsi |
Abstrak | |
The background of this research is the prevailing inheritance system of pluralism in Indonesia because there are still classifying the population. Classification of the population in Indonesia is the legacy of the Dutch East Indies government regulated through Staatsregeling Indies (IS) 1925 No. 447 (Article 131 paragraph (1) sub a IS and Article 163 IS). Article 131 paragraph (1) sub a IS stipulated that for civil law material for Europeans apply the principle of concordance (Concordantie Beginselen) and Article 163 IS which explicitly normatively regulate the distribution of population groups in the East Indies into three (3) categories namely class European, Native groups and the Chinese and Foreign East. Post Indonesia 's independence, the principle of concordance is no longer valid for Indonesia, the difference in population groups in Indonesia are also removed by the government under UU No. 12 of 2006 on Citizenship RI. Based on the above , although the difference in population groups that have been deleted by UU No. 12 of 2006 on Citizenship of the Republic of Indonesia, but the inheritance law in Indonesia is still done based on population groups (especially for the group of residents of Chinese descent and Foreign East India in Medan). The purpose of this study was to determine what the inheritance system implemented by the Chinese citizen and a citizen Descendants Descendants Foreign Eastern India ; how the existence (presence) inheritance system Descendants Chinese citizen and Foreign East India in Medan whether in practice there has been correspondence between the applicable regulations (normative/law in books) in Indonesia with social reality (juridical empirical/law in action) in the City field ; and how the administration of registration of transfer of land rights as inheritance for the citizen of Chinese descent and Foreign East India in Medan along with any constraints (barriers) facing the Land Office of Medan . This type of research is the study of law with the approach of legislation and empirical yuridids . In the process of analysis used primary data and secondary data, so it can be concluded deductively . Results from this study indicate, that in general, the inheritance system applied by resident citizen of Chinese Descendants and East Indian Foreign western civil law of inheritance is based on the Civil Code. But, there are also a part of the community that still apply customary law of inheritance inheritance system is based on cultural traditions of each; the existence (presence) of the inheritance system applied by resident citizen of Chinese Descent and Foreign East India declared invalid the (contradictory) in a rule of law of inheritance in Indonesia, because msih based classification of the population and the choice of heir and inheritance system that is based on the Civil Code is not contained compatibility between existing regulations (Law on the abolition of the classification of the population) with the social reality (still there for the classification of the population among fellow citizen) in Medan; and the administration of transitional registration of land rights as inheritance xiii for citizen population Descendants of Chinese and Foreign East Land Office Medan can be seen from the implementation of land registration that comes from the inheritance certificate in making next of kin are still based on the classification of the population (especially for the descendants of the Chinese Indonesians East Indian Foreign and has implemented a mixed marriage with a citizen resident Asli) as opposed to the Regulation of the legislation in force in Indonesia (especially Law on the abolition of the classification of the population). Keywords : Classification of Population, Pluralism Inheritance System applied and the Existence Inheritance System |
Nomor Rak | 340 - 6 | ||||||
Nomor Panggil | 346 | ||||||
Lokasi | Ruang Baca | ||||||
Eksemplar | 1 | ||||||
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