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Men usually make a living by going to the market to traders, or working as a carpenter, a plow in the field, tailors, shop owners, office workers, and so on. He
worked in the fields of line-offspring or descendants of his wife-line only in passing, if nothing else will do. If he decided to cultivate the land from the lineage
of his mother to get some results, he is usually doing so as a penyedua, means employee profit-sharing, where he received only part of the results, while the
other part devoted to the outline of the actual female offspring became the owner of the land.
3.2 Patrilineal System
Patrilineal system is a system that based on descent through the paternal ties and take their lineage from ancestors of man. Patrilineal derived from the two
words in Greek language, they are Pater which means “father” and Linea that means “line”. So, “Patrilineal” means following “the line drawn from father’s
side”. The followers of Patrilineal system are Bataknese, Balinese, European people, and Arabic people.
Who become the heir is only the boys because the girls who have merried in a “kawin jujur” will be member of her husband’s family. Then she is not an heir of
her parents who died. The factors of saying the male is a heir in Patrilineal society are :
1 The family tree is based on the boy. The daugther couldn’t pursue the
pedigree family lineage. 2
In the household, the wife is not a head of household. The children use the family name surname’s father. The wife belongs to the clan of husband.
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3 In the custom, the women can not represent the parent her father because it
is in the family of her husband. 4
In the custom, the men are considered in the member of family as parent mother.
5 If there are a case of divorce between husband and wife, the maintenance of
children is the responsibility of their father. The boys later become the heirs of his father, both custom and property.
In the patrilineal system, the rights, obligations, duties and positions of men are different from the women’s. But it doesn’t mean the women are necessarily
lower than the men. Basically, the souls and reasons of the parent’s treatment to the son inheritance issues are :
1 The son is as the heir of family clan inherited the property which become
the sign or symbol of family, especially the ground and the other things. 2
The daugther get a fair division of self-interest household later. 3
The progress of time, the necessities of life and properties now, future and the last time will be different.
4 The assumption that the girls absolutely is not entitled to her parent’s legacy.
The patrilineal system is the most common system fo community in the world than the Matrilineal system. In Batak custom, orderly has the general starting
point assumption, such as : 1
The dowry tukur which proves the women are sold 2
Lakoman custom levirate that proves the women inherited by brother of deceased husband
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3 The women do not have inheritance
4 The word “naki-naki” shows that the women are the creature hoax.
Here, the writer will explain a little about the system of legacy according of Batak society as example which is the one of ethnic groups use the Patrilineal
system. The system of legacy in according to Batak society
a. The individual inheritance system
In the patrilineal families in Batak land generally applies the individual inheritance system, namely the estate is divided by ownership to their heirs. the
one of the advantages in this system is the division of estate to a private individual heirs, each of them is free to determine its will on the part of the heritage.
b. The inheritance of men’s mayorat system
That is the inheritance system which determines that the estate entirely controlled and maintained by the eldest son.
c. The inheritance of men’s minorat system
In the most Batak tribe, the youngest boys can be given confidence to control and maintain the legacy of his parents estate
.
In the MPRS Decree No. 111960, especially the letters c said, that the all treasure is for the children and widow if the legacy of treasure left the children
and widow. The Supreme Court in the Supreme Court decision No. 179KSIP1961 likening right boys and girls and widows in inheritance.
In the Pasal 35 of Law No. I of 1974 stated: 1
Property acquired during a marriage become community property.
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2 Treasure each obtained as a gift or inheritance is under controlled together.
With the changes developments, has seen the principle of equality between men and women, the principles of justice and equality and the principle of
humanity. The influence the patterns of thinking that lead to the more rational changes in Toba Batak customary law, which is caused by a variety of factors. At
the time of discharge before MPRS Decree No. 11 of 1960 and the Supreme Court Decision No. 179KSIP1961 should be subject to the prevailing system of law
that is indigenous kinship system patrilineal kinship system. The division of indigenous legacy in Batak Toba :
a. At the time the heir is alive
At the applying of patrilineal in Batak people, generally who becom the heirs is only boys, but it does not mean daughters dis not get any of his properties. In
Toba Batak tribe, it has become a customary to give the land to a married daughter and give the first her child was born.
b. At the time the heir had died
The testator dies and leave his wife and children, then the estate, especially the husband and wife joint property acquired as a result of living together during
the marriage can be controlled by the widow and enjoyed during her life for the benefit of herself and the survival of their children.
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4 THE DESCRIPTION OF LEGACY 4.1 The Meaning of Legacy
The history traditions and qualities that a country or society has for many years and that are considered an important parts of its people. Legacy is usually
passed on to his son or family. The legacy is the treasure or wealth that will be forwarded by the heir when he was alive and after death, to be controlled by the
heirs according to the kinship and inheritance system prevailing in the concerned communities. The legacy consists of :
1 The innate or origin property : the property that owned by someone before
marriage and its property will return to hisher family if heshe died without children.
2 The Marital property
: the property that acquied from the result operation of the spouses during the marriage.
3 The inheritance
: the legacy that bequethaed to only certain of heirs because it is not divided, but only enjoyed or used by the heirs and
descendants. 4
The treasure that await : the treasure to be received by the heir, but
as the only beneficiary the property who is not known where he was.
4.2 The Legacy in Civil Law
