Justice for the Rights of the Women's Heirs to the Land of Dati
), Pieter Radjawane(2), Adonia Ivone Laturette(3)
(1) Faculty of Law Pattimura University, Ambon, Indonesia
(2) Faculty of Law Pattimura University, Ambon, Indonesia
(3) Faculty of Law Pattimura University, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: Maluku Province has a patrilineal customary law community, whose blood ties follow the father's line. The rights and obligations of the child are determined by the father and his relatives.
Purposes of the Research: The research was conducted using an empirical juridical approach, which is a descriptive study of qualitative analysis.
Methods of the Research: This research tries to describe the justice for the female heirs over the land of the dati in Leihitu, Central Maluku district. The results of collecting, finding data and information through a literature study on the assumptions used in answering the problems in this research, will be tested inductively-verificatively on the latest facts found in the community.
Results of the Research: Boys have an important position in the family, while girls don't really benefit. In the distribution of land inheritance, women are not given full rights, because it is considered that women will marry and then leave with their husband's family. This reason is not to limit women's rights, nor is it because of following patrilineal kinship, but this is because during the Hongi Cruise the men take a long voyage with tough challenges, which a woman cannot do. Women in Leihitu, Central Maluku Regency, do not get inheritance rights, they only have the right to enjoy as long as they are not married. If they are married, then they do not have the right to enjoy it again, but they will have the right to enjoy dati in their husband's familyKeywords
DOI
10.47268/sasi.v28i1.853
Published
2022-03-31
How To Cite
@article{SASI853,
author = {Barzah Latupono and Pieter Radjawane and Adonia Laturette},
title = {Justice for the Rights of the Women's Heirs to the Land of Dati},
journal = {SASI},
volume = {28},
number = {1},
year = {2022},
keywords = {Justice; Inheritance of Women; Land of Dati},
abstract = {Introduction: Maluku Province has a patrilineal customary law community, whose blood ties follow the father's line. The rights and obligations of the child are determined by the father and his relatives.Purposes of the Research: The research was conducted using an empirical juridical approach, which is a descriptive study of qualitative analysis.Methods of the Research: This research tries to describe the justice for the female heirs over the land of the dati in Leihitu, Central Maluku district. The results of collecting, finding data and information through a literature study on the assumptions used in answering the problems in this research, will be tested inductively-verificatively on the latest facts found in the community.Results of the Research: Boys have an important position in the family, while girls don't really benefit. In the distribution of land inheritance, women are not given full rights, because it is considered that women will marry and then leave with their husband's family. This reason is not to limit women's rights, nor is it because of following patrilineal kinship, but this is because during the Hongi Cruise the men take a long voyage with tough challenges, which a woman cannot do. Women in Leihitu, Central Maluku Regency, do not get inheritance rights, they only have the right to enjoy as long as they are not married. If they are married, then they do not have the right to enjoy it again, but they will have the right to enjoy dati in their husband's family},
issn = {2614-2961}, pages = {124--131} doi = {10.47268/sasi.v28i1.853},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/853}
}
Journal Article
Bachtiar, Maryati. "Hukum Waris Islam Dipandang Dari Perspektif Hukum Berkeadilan Gender." Jurnal Ilmu Hukum 3, no. 4 (2012).
Gayo, Ahyar Ari. "Perlindungan Hukum Hak Atas Tanah Adat (Studi Kasus Di Provinsi Aceh Khususnya Kabupaten Bener Meriah." Jurnal Penelitian Hukum De Jure 18-03-03 (2018): 18-30. https://doi.org/10.30641/dejure.2018.V18.289-304.
https://doi.org/10.30641/dejure.2018.V18.289-304
Uktolseja, Novyta. "Tanah Dati Dalam Perspektif Hukum Adat Di Maluku." In Kompilasi Pemikiran Tentang Dinamika Hukum Dalam Masyarakat: Memperingati Dies Natalis Ke -50 Universitas Pattimura Tahun 2013. Ambon: Anugerah Sejati, 2013.
Uktolseja, Novyta, and Pieter Radjawane. "Tinjauan Juridis Perkembangan Tanah-Tanah Adat (Dahulu, Kini Dan Akan Datang)." SASI 25, no. 1 (2019): 13-26. https://doi.org/10.47268/sasi.v25i1.146.
https://doi.org/10.47268/sasi.v25i1.146
Utama, Sofyan Mei. "Kedudukan Ahli Waris Pengganti Dan Prinsip Keadilan Dalam Hukum Waris Islam." Jurnal Wawasan Yuridika 34, no. 1 (2016): 68-86. https://doi.org/10.25072/jwy.v34i1.109.
https://doi.org/10.25072/jwy.v34i1.109
Warsita, I Putu Andre, I Made Suwitra, and I Ketut Sukadana. "Hak Wanita Tunggal Terhadap Warisan Dalam Hukum Adat Bali." Jurnal Analogi Hukum 2, no. 1 (2020): 83-87.
https://doi.org/10.22225/ah.2.1.1628.83-87
Book
Badan Pembinaan Hukum Nasional. "Seminar Hukum Adat Dan Pembinaan Hukum Nasional." Jakarta, 1976.
Soekanto, Soerjono. Masalah Kedudukan Dan Peranan Hukum Adat. Jakarta: Akademika Pressindo, 1978.
https://doi.org/10.21143/jhp.vol9.no5.784
Sumardjono, Maria S W. Pedoman Pembuatan Usulan Penelitian Sebuah Panduan Dasar. Jakarta: Gramedia Pustaka Utama, 2001.
Thesis, Web Page, and Others
Tahapari, Margi E M. "Paradigma Perubahan Nilai Tentang Kedudukan Hukum Perempuan Atas Tanah Dati Dalam Prespektif Kesetaraan Gender." Universitas Hasanuddin, 2013.
: 760 times
Download : 438 times
| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Justice for the Rights of the Women's Heirs to the Land of Dati |
| 2. | Creator | Author's name, affiliation, country | Barzah Latupono; Faculty of Law Pattimura University, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Pieter Radjawane; Faculty of Law Pattimura University, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Adonia Ivone Laturette; Faculty of Law Pattimura University, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Justice; Inheritance of Women; Land of Dati |
| 4. | Description | Abstract | Introduction: Maluku Province has a patrilineal customary law community, whose blood ties follow the father's line. The rights and obligations of the child are determined by the father and his relatives.Purposes of the Research: The research was conducted using an empirical juridical approach, which is a descriptive study of qualitative analysis.Methods of the Research: This research tries to describe the justice for the female heirs over the land of the dati in Leihitu, Central Maluku district. The results of collecting, finding data and information through a literature study on the assumptions used in answering the problems in this research, will be tested inductively-verificatively on the latest facts found in the community.Results of the Research: Boys have an important position in the family, while girls don't really benefit. In the distribution of land inheritance, women are not given full rights, because it is considered that women will marry and then leave with their husband's family. This reason is not to limit women's rights, nor is it because of following patrilineal kinship, but this is because during the Hongi Cruise the men take a long voyage with tough challenges, which a woman cannot do. Women in Leihitu, Central Maluku Regency, do not get inheritance rights, they only have the right to enjoy as long as they are not married. If they are married, then they do not have the right to enjoy it again, but they will have the right to enjoy dati in their husband's family |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | Faculty of Law Pattimura University, Ambon |
| 7. | Date | (YYYY-MM-DD) | 2022-03-31 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/853 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sasi.v28i1.853 |
| 11. | Source | Title; vol., no. (year) | SASI; Volume 28 Issue 1, March 2022 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors can enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) before and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
License: The SASI Journal is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.
|
Copyright (c) 2022 Barzah Latupono, Pieter Radjawane, Adonia Ivone Laturette
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Email this article 
