EKSISTENSI HUKUM WARIS ADAT DALAM PERUNDANG-UNDANGAN

Abstract

Customary inheritance law is a crystallization of people's lives born from their philosophy of life which they consider to be correct and in accordance with the construction of their lives. The author in this study uses a type of literature review research using a descriptive approach, because this research only examines and analyzes regulations, the Religious Courts are one of the law enforcement agencies and institutions for justice seekers for citizens who are Muslim, in running the Religious Courts system it is not only use Islamic Inheritance Law in the settlements of inheritance cases, but the Religious Courts and judges as executors need to explore, follow and understand the legal values and sense of justice that live in the community (article 5 paragraph 1 of Law No. 48 of 2009) so that can be used as a source of law in determining the judge's decision. In the settlement of cases at the judicial level, not only written regulations are the legal basis, but in the case of indigenous peoples, they must make unwritten law or customary law the legal basis for making decisions so that the sense of justice that lives in society can be carried out.

keywords, existence, customary inheritance, UU