The System Of Legacy In Minangkabau Society

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THE SYSTEM OF LEGACY IN MINANGKABAU

SOCIETY

A PAPER

BY:

RUMMY HADINA

REG. NO. : 102202003

DIPLOMA III ENGLISH STUDY PROGRAM

FACULTY OF CULTURE STUDY

UNIVERSITY OF SUMATERA UTARA

MEDAN

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It has been proved by Supervisor,

NIP. 19571117198303 2 002 Dr. Deliana, M. Hum

Submitted to Faculty of Culture Study University of Sumatera Utara

In partial fulfillment of the requirements for Diploma-III in English Study Program

Approved by

Chair Person of Diploma III English Study Program,

NIP. 19521126198112 1 001 Dr. Matius C.A. Sembiring, M.A.

Approved by the Diploma-III of English Study Program Faculty of Culture Study, University of Sumatera Utara As a Paper for the Diploma-III Examination

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Accepted by :

the Board of Examiners in partial fulfillment of the requirements for the Diploma-III Examination of English Study Program, Faculty of Culture Study, University of North Sumatera.

The examination is held on…………., 2013

Faculty of Culture Study, University of Sumatera Utara

Dean,

NIP. 195110113197603 1 001 Dr. Syahron Lubis M.A

Board of Examiners Signature

1. Dr. Matius C.A. Sembiring, M.A. (Head of ESP)

2. Dr. Deliana, M. Hum. (Supervisor)

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AUTHOR'S DECLARATION

I am, RUMMY HADINA, declare that I am the sole author of this paper. Except where the reference is made in the text of this paper, this paper contains no material published elsewhere or extracted in whole or in part from a paper by which I have qualified for or awarded another degree.

No other person’s work has been used without due acknowledgement in the main text of this paper. This paper has not been submitted for the award of another degree in any tertiary education.

Signed : …………..

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COPYRIGHT DECLARATION

Name : RUMMY HADINA

Title of Paper : THE SYSTEM OF LEGACY IN MINANGKABAU SOCIETY

Qualification : D-III/ Ahli Madya

Study Program : English

1. I am willing that my paper should be available for reproduction at the discretion of the Librarian of the Diploma III English Department Faculty of Culture Studies USU on the understanding that users are made aware of their obligation under law of the Republic of Indonesia.

2. I am not willing that my papers be made available for reproduction.

Signed : ……….

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ABSTRACT

This paper entitled “The System of Legacy in Minangkabau Society” discusses about on how the division the legacy in Minangkabaunese custom. The purpose is to introduce about Minangkabau custom especially about legacy that is still preserved and maintained by the community. In writing of this paper, it applies the field research and library research method. The main data is taken from some of the informants who are considered worthy as a data source. And the study of additional data as a complement. Minangkabaunese is one of Indonesia tribes which has the uniqueness in their culture. In terms of legacy, Minangkabau custom puts the girls as the highest heirs of inheritance. It is based on a custom that follows the maternal line (Matrilineal). In economically and socially, all of Minangkabaunese child become the member of mother’s ethnic. While the boys only gets a small portion and may also entitled to the inheritance. The writer will gain the knowledge on how to divide the legacy in according of Minangkabau custom that was inherited by the previous.

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ABSTRAK

Kertas karya yang berjudul “The System of Legacy in Minangkabau Society” ini membahas tentang bagaimana sistem pembahagian harta warisan di dalam masyarakat Minangkabau. Tujuannya adalah untuk memperkenalkan tentang adat Minangkabau khususnya tentang harta warisan yang masih dilestarikan dan dipertahankan oleh masyarakatnya. Penulisan kertas karya ini menggunakan metode penelitian lapangan dan kepustakaan. Data utama diambil dari beberapa informan yang dianggap layak dijadikan sebagai sumber data. Dan studi data tambahan sebagai pelengkap. Dalam hal warisan, masyarakat Minangkabau menempatkan anak perempuan sebagai ahli waris tertinggi dalam pewarisannya. Hal ini berdasarkan adat yang mengikuti garis keturunan ibu (matrilineal). Secara ekonomi dan sosial, semua anak Minangkabau menjadi anggota suku ibunya. Sedangkan anak laki-laki hanya mendapat sebagian kecil dan mungkin juga tidak berhak atas warisan tersebut. Penulis akan memperoleh pengetahuan tentang bagaimana cara masyarakat Minangkabau membagi warisannya menurut adat yang diwariskan oleh orang terdahulu.

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ACKNOWLEDGEMENTS

First of all, I would like to thank and praise to the Almighty God Allah SWT for blessing and giving me opportunity, health, and ability to accomplish this paper. Afterwards, invocations and greetings I deliver to the last Prophet Muhammad SAW who has brought us into the time of humanities.

I would like to thank to Dr. Deliana, M. Hum. as my supervisor who given her advice, critics, and precious time in reading and correcting the paper its completeness. Then, I would like to thank to Dr. Matius C. A. Sembiring, M. A., the Head of Diploma III English Study Program, who has shared his time to guide me in the process of my study. I would like to dedicate a deep gratitude to my reader Drs. Bahagia Tarigan, M.A. for the valuable time to give the correct and give constructive criticisms in completing this paper. Then, I would like to express my sincere gratitude and appreciation to all lecturers in English Diploma Study Program for their valuable guidance and knowledges that they have gave to me during my study.

The most special thank is dedicated to my beloved parents, my father, Alm. Mukhlis and my mother, Marnis who have given me love, cares, advices, supports, motivations, attentions and always pray for me in order to get my best. To my beloved elder sister, Danni Zulika, my younger brothers, Hanafi Arby and Zulkarnain, thanks for the love, cares, advices, and motivations that you have given to me.

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Special thanks to my mom’s elder sister, Suryati, SH, my grandparents, and my big family for your loves, advices, and motivations which you have given during my study. Then, I would like thank to all of my bestfriends at English Diploma III 2010, Dwi Khairani (Bulek), Dewi Sartika (Bunda), Tisa Miranda (Tisut), Norvika (bro vika), Cristine P. (bro cristine), Apriana (bro apri), Dinda, Devi, Mariaty, Winda, Vani, and other friends in class A and B, thank you very much for your attentions, supports, happiness, advices, attentions and make me laugh everyday.

My thank also goes to other my bestfriends Arya Benny, Sri Putri Rezeki, Ade Khairunnisa, and Fahmansyah Mende Manik for your cares, advices, and supports.

Finally, I realize that this paper is still far from being perfect. Therefore, I welcome any constructive criticisms and suggestions towards to this paper.

Medan, ………, 2013

The writer,

Reg. No. 102202003 RUMMY HADINA

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TABLE OF CONTENTS

AUTHOR’S DECLARATION ... i

COPYRIGHT DECLARATION ... ii

ABSTRACT ... iv

ABSTRAK ... v

ACKNOWLEDGEMENTS ... vi

TABLE OF CONTENTS ... vii 1. INTRODUCTION 1.1 Background of the Study ... 1

1.2 Problem of the Study ... 4

1.3 Objective of the Study ... 4

1.4 Scope of the Study ... 4

1.5 Significance of the Study ... 4

2. THE DESCRIPTION OF MINANGKABAU SOCIETY 2.1 The Community in Minangkabau ... 6

2.2 The Location of Minangkabau ... 10

2.3 The History of Minangkabau ... 15

3. THE DESCRIPTION OF MATRILINEALITY/PATRILINEALITY 3.1 Matrilineal system ... 18

3.2 Patrilineal system ... 20

4. THE DESCRIPTION OF LEGACY 4.1 The Meaning of Legacy ... 24

4.2 The Legacy in Civil Law ... 24

4.3 The Legacy in Islamic Law ... 29

5. THE LEGACY IN MINANGKABAU SOCIETY 5.1 The High Legacy (Harto Pusako Tinggi) ... 37

5.2 The Low Legacy (Harto Pusako Randah) ... 39

6. CONCLUSION & SUGGESTIONS 6.1 Conclusions ... 42

6.2 Suggestions ... 43

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ABSTRACT

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ABSTRAK

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1. INTRODUCTION

1.1Background of the Study

Indonesia is a country which consists of several different islands and has many provinces in it. In each province, there are many cultures and tribes that inhabit the area, such as: Minangkabaunese, Javanese, Bataknese, Acehnese, Melayunese, Banjarnese, Betawinese, etc. The tribes in Indonesia have their own style

traditions. Tradition is a

with symbolic meaning or special significance that has been a long time ago and become a part of people’s lives. Tradition could be information passed on from generation to generation, both written or oral.

Among the tribes in Indonesia, one of them is considered unique, that is a tradition in Minangkabau society in West Sumatera. Minangkabau society puts the girls in the special position. It is not like most tribes in Indonesia, which embraces the Patrilineal system, Minangkabaunese embrace a Matrilineal system that to be the world’s largest matrilineal tribe. Matrilineality is a system in which descent is traced through the mother and maternal ancestors. Minangkabau custom is very caring about the women, because the women who are the weakest compared to the men. Therefore, Minangkabau custom gives the privilege to the women.

Because of the Matrilineality, Minangkabau society also puts the girls as the heirs in the case of legacy, both for The High Legacy (Harto Pusako Tinggi) or The Low Legacy (Harta Pusako Randah). The legacy is the treasure of wealth that will be forwarded by the heir when he was alive or after death, to be controlled or

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owned by the heirs according to kinship and inheritance systems prevailing in the indigenous peoples concerned.

Minangkabau society which has a matrilineal system, the system of its inheritance is the collective inheritance system. In Minangkabaunese proverb, mentioned "Dari niniak ka mamak, dari mamak turun ka kamanakan". Mamak

that meant here is the mother's brother. Which it can be inherited in the Minangkabau society is "sako" (title and position) and "pusako" (material possessions).

The matrilineal system is an important component of adapt law in Minangkabau. Rahayu stated that matrilineal system (2007) is composed of four identifiable characteristics. The first of these is descent and descent-group which are organized according to the matrilineal line. Each nagari consists of several ideally exogamous matriclans, or suku, which have district names, for example Melayu, Piliang, Caniago. One takes suku name of one’s mother and remains with the same suku for life. A suku itself is usually divided into several matrilineages. There are three levels and units of matrilineal groupings: suku, payung, and

paruik. A suku is a group of related lineages which share a common, unknown

ancestress. A payung is a group of related adat houses under supervision of a

penghulu. A paruik is a group of related people generally living in one adapt

house.

The second characteristics concerns matrilineage which is identified by a corporate descent group with a ceremonially instituted male head called the

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by other than his datuk title causes great offence to his lineage members. A lineage possesses communally owned properties, including agricultural land, houses, fish ponds, her-looms, and miscellaneous adapt titles. In principle, ancestral property is inalienable and there is no individually owned property, particularly property of an immovable kind.

The third characteristic concerns a duo-local residential pattern. Marriage was always exogamic, and has retained the matrilineal form. After marriage, a husband moves to or near the house of his wife and stays there at night. But he continues to belong to his mother’s house and frequently goes back there during the daytime. The husband cultivates the soil for his wife who owns it as she owns her children, the property of the father passes to his sister’s children, not to those of his wife or brother.

Finally, the fourth characteristic concerns authority. Authority within a lineage or sub-lineage is in the hand of the mamak (mother’s brother, group head), not of

the father. The mamak literally means maternal uncle, but the term can also refer

to classifatory maternal uncles such as penghulu and tungganai rumah. The kin term which complements mamak is kamanakan (sister’s children). It indicates a male ego’s sister’s children and classificatory kin of the same order. These four Minangkabau matrilineal characteristics will become obvious if we look at how family life was actually organized in traditional society.

Based on the above statement, the writer is interested to raise the system of legacy in Minangkabau society as her topic. Since the writer wants to introduce that the system of legacy as a part of the tradition in Minangkabau society and

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several explaining about the generally Minangkabau custom. Besides that, the writer is also Minangkabaunese.

1.2Problem of the Study

1) How are the division of legacy in Minangkabau society?

2) What are the kinds of legacy in Minangkabau society?

1.3Purpose of the Study

Purpose of the Study is to introduce and preserve the tradition of Minangkabau society that is practiced till now by them. Objective of the Study is to explain the general system of legacy that is still practiced in Minangkabau society.

1.4Scope of the Study

There are many tradition that are believed and practiced in Minangkabau society till now, such as wedding, division of legacy, ceremony, tabuik, marantau,

and etc. But, Scope of the Study that the writer will explained is on how the system of Minangkabau society dividing their legacy to their child which the girls get the big division of legacy than boys. This study also explains the definition about Matrilineal system that is main believed by Minangkabau society.

1.5Significance of the Study Significance of the Study are :

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2) As a guide to enrice information to the reader about the difference of Minangkabau tradition with other tribe.

3) To be a reference for the readers or students who are interested in analyzing Minangkabau tradition.

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2. DESCRIPTION OF MINANGKABAU SOCIETY

2.1The Community in Minangkabau

The Minangkabau name is derived from two words, Minang (victorious) and

Kabau (buffalo). It is associated with a special legend of Minangkabau that

known in Tambo. From Tambo, there was a teritorial dispute between

Minangkabau and the foreign kingdom (Majapahit) that will do the conquest. To prevent the battle, the local community proposed to pit the buffalo for solving the problem. The foreign teams agreed and provided a big and aggresive buffalo, while the local community provided a hungry calf with the horn of small soil as sharp as a knife. In the battle, the hungry calf thought the big buffalo is its mother. Then the calf ran directly to rummaging buffalo’s milk and riping the big buffalo’s stomach. After that, the big buffalo was died and eventually the calf from local community won the battle. This victory inspired the local communities use the Minangkabau name, which it derived from the phrase “Manang Kabau”

(the meaning is the victorious buffalo). The story of Tambo was also founded in the Chronicles of Kings of Pasai and also said that the victory was made previous state named Periaman (Pariaman) to use the name. After that, using of

Minangkabau name was used to mention a Nagari, that is Minangkabau Nagari,

located in Sungayang district, Tanah Datar regency, West Sumatera Province. Minangkabau society is the one of the ethnic tribes and the largest ethnic group after Javanese, Sundanese, and Madurese that occupy in the center of Sumatera island as their hometown. They are called "Minangkabaunese", while outside the area known as "Padangnese". Minangkabau language is a dialect of the

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Malay language. The tribal feeling of Minangkabaunese generally based on common language, origin and ethnic grouping which based on equation: "Adat

bersendi syarak, syarak bersendi Kitabullah", the homogeneous population and

Moslem.

Minangkabaunese is the largest ethnic group that is especially prominent in the education and commerce. Approximately two-thirds of the total this society is in overseas. Minangkabau people overseas generally live in big cities in Indonesia, such as : Jakarta, Bandung, Pekan Baru, Medan, Batam, Palembang, Surabaya and widely available in Negeri Sembilan, especially Malaysia and Singapore. In addition, this tribe is also one of most succesful with many achievements because known as the educated tribe, therefore they spread all over Indonesia and even overseas in the variety of scholars, teachers, journalists, and merchants.

This tribe puts the women in a privileged position. They embrace Matrilineal system which has meaning that the descent and inheritance passed down to children is through the mother. Minangkabau society live by the “suku” that originally known as the two main tribes, they are Koto Pilliang and Bodi Caniago.

Both tribes are distinguished in the way of making decisions and elections that called Penghulu. Koto Pilliang take a decision that determined the level of

Penghulu. The multilevel decision-making mentioned “Berjenjang naik,

bertangga turun”. But unlike the system of decision-making in the Bodi Caniago,

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Because of the difference between two systems of the decision makers and

Penghulu position, it was born the term of “Kelarasan”, they are Kelarasan Bodi

Caniago and Kelarasan Koto Pilliang. From the both tribes, were split into four

part of tribes : Koto, Pilliang, Bodi and Caniago. Laras or in the Minangkabau

language called Lareh, that has meaning is always associated with the division of

Minangkabau nature. If we see the word origin of the main tribes, it can be said the words is from Sanskrit. For example, Koto derived from the word Kotto which

means fortress and stronghold. Pilliang derived from two words combinated Phi

and Hyang which mean the God choice. Bodi derived from the word Bodhi which

mean people are awakened, and the last, Caniago derived from the words Chana

and Ago which mean something worthwhile.

In the next period, there was the new one of Kelarasan that named “Lareh

Nan Panjang” and Minangkabau tribes have developed steadily its tribe and reached hundred of tribes. These tribes sometimes are difficult to find similarities with the main tribes. Among these tribes are :

• Tanjung clan • Sikumbang clan • Sipisang clan • Bendang clan

• Kutianyie or Koto Anyie clan • Payohada clan

• Mandailiang clan • Simabua clan

• Salo clan • Dalimo clan • Sumagek clan • Mandaliko clan

• Pitopang or Patopang clan • Kampai clan

• Jambak clan

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• Sinkuang or Singkawang clan • Guci clan

• Panai clan

Minangkabau Logo

The meaning of Minangkabau logo

Tuah Sakato : The symbol of community (Masyarakat Nan Sakato)

Moon Star Ball : The symbol of Islamic monotheism

Buffalo’s Horn : The symbol of wisdom, ingenuity, perseverance, and

tenacity

Umbrella Banner : The symbol of glory, security, peace, and prosperity

Keris and Sword :The symbol of unity of customary law and Islamic law to ensure the public order

Lance : The symbol of resilience

Marawa : The symbol of indigenous territoies and overseas Luhak Nan Tigo

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The meaning of colours in Minangkabau custom

Yellow : The symbol of greatness, majesty, and honor.

Red : The symbol of courage and resistan test.

Black : The symbol of leadership and resistance spot.

Blue : The symbol of truth and order.

Green : The symbol of peace and bright future.

Violet : The symbol of science and intellectual.

2.2The Location of Minangkabau

The origin of Minangkabaunese country is called “Luhak Nan Tigo”, the highland around Mounth Merapi, Singgalang, and Sago. This area is a “center” of Minagkabau, which also known as Ranah Minang. Traditionally, Ranah

Minangkabau is extended from Kampar river in east, along Indagiri river and

Batanghari river in southeast. In the southside, Nagari stretches to Kerinci,

Bengkulu. In the history of Minangkabau, its region is divided into two areas, they are the area of “darek” and Rantau area. Darekarea is considered as a oldest rural

area or the area of Minangkabaunese origin, while the Rantau area is considered

as a new settlement. The Darek area has three Luhak (region), they are : Luhak Tanah Datar, Luhak Agam, and Luhak Lima puluh Kota. Rantau area includes Rantau Tanah Datar, Rantau Agam, and Luhak Lima puluh Kota, and Rantau Kubuang Tigo Baleh. Rantau area initially is in around of the original area Luhak

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Nan Tigo, then it’s also called “darek” west coast and east Rantau become an intergral part of Minangkabau nature.

Minangkabau divided into three luhak (area), they are :

1) Luhak Tanah Datar

Its nature is clear water, the fish benign, and the land is cold. Luhak Tanah Datar divided into 3 parts, they are :

• Lima Kaum 12 Koto • Tarab 8 Batur river • Batipuh 10 Koto

Lima Kaum is the origin. Then developed into Koto and there are nine koto in it. That called in 12 Koto are : Ngungun, Panti, Cubadak, Sipanjang, Pabalutan, Sawah Jauh, Rambatan, Padang Magek, Labuh, Parambahan, Tabek and Sawah Tangah. The nine koto that is in namely : Tabek Boto, Galogandang, Baringin, Koto Baranjak, Stone Floor, Bukit Gombak, Sungai Ameh, Tanjung Barulak and Rajo Dani.

That included in the Tarab river are : Koto Tuo, Sand Laweh, Koto Panjang, Selo, Sumanik, Patih, Situmbuk, Desert, Ampalu, Sijangat, Koto Badamping. Then the Tarab river named the Tarab Delapan Batur river that has tailed-headed. Tanjung Sungayang also make the surrounding hamlets, there are : Andalas, Barulak, Talago, Sungai Patai, Sungayang, Sawah Liat, and Koto Ranah. Tanjung Sungayang with Nan Seven Koto named Permata Diatas Emas. This country was

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is headed by Tanjung Alam, in the center of Sungayang and in the tail of Tanjung Talawi.

That called in Batipuh 10 Koto are : Pariangan Padang Panjang, Jaho, Tambangan, Koto Lawas, Pandai Sikek, Sumpur, Malalo, Mount and Paninjauan. Which to be the limit of Luhak Tanah Datar is that homecoming began Tarung-tarung (Solok) to downstream and Talang Danto (Sijunjung).

2) Luhak Agam

Its nature is cloudy water, wild fish and the land is warm. Luhak Agam use the Koto Pilliang custom and Bodi Caniago custom. Who holds Koto Pilliang in the last time is the leader of Datuk Bandaro Panjang domiciled in Biaro. Bodi Caniago custom in the last time is the leader of Datuk Bandaro Kuning placed in Tabek Long, Baso. That included Datuk Ketemanggungan custom is 16 koto contained in it are : Sianok, Koto Tower, Guguk, Tabek Sarojo, Sarik, Puar River, Batagak, Batu Palano, Lambah, Panampung, Biaro, Gurah Hall, Kamang Bukit, Salo, Magek. Its area is called Ampat Angkat or Empat-Empat they were both leaving. There is no penghulu who holds the shoots.

Beside of the 16 koto are all use customary Bodi Caniago or Datuk Perpatih nan Sebatang custom. That included in this area are : Kurai, Banuhampu, Lasi, Bukit Batabuh, Kubang Putih, Koto Gadang, Ujung Guguk, Candung, Koto Lawas, Tabek Panjang, Janiah River, Cingkaring, Padang Luar etc.. All the greatness of this country use the top. There is a boundary of Luhak Agam, they are: from Lada Sula (New Koto) until downstream of Tinggal Hamlet (Titi

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Padang Tarab) where the water reservoir in Batang Agam hydroelectric (PLTA) project now.

3) Luhak Lima Puluh Kota

Its nature are the cool and sweet water, fish benign and the land is cool. Luhak Lima Puluh Kota is divided into three types of areas, they are : Luhak, Ranah and Kelarasan.

That named Luhak is a government of Laras Nan Buntar, so Simalanggang

downstream continue to Taram. Which called Ranah is a government of Laras

Batang Sinamar, so Simalanggang homecoming and downstream to Ranah tebing Tinggi. Which named Laras is Laras Nan Panjang to Taram Hilir. Which included

in the parts of Luhak are : Suayan, Belantik River, Sarik Lawas, Tambun Ijuk, Koto Tangah, Batu Hampar, Durian Gadang, Babai, Koto Tinggi, Air Tabit, Kemuyang Situjuh Bandar Dalam river, Limbukan Padang Kerambil, Sicincin and Aur Kuning, Tiakar , Payobasung, Mungo, Andalas, Taram, Bukit Limbuku, Batu Balang and Koto nan Gadang. Which included in Ranah are : Ganting, Koto Lawas, Suliki, Rimbang River, Tiakar, Balai Mansiro, Talago, Balai Talang, Balai Kubang, Taeh Simalanggang, Piobang, Baringin River, Gurun, Lubuk Batangkap, Tarantang, Sarilamak, Harau, Solok Bio-bio (Padang Lawas). And the last, which included in Laras are : Gadut Tebingtinggi, Sitanang Muaro Likin, Halaban and Ampalu, Surau and Labuh Gunung.

The province which is identical to the Minangkabaunese homeland, has the extensive 42.297,30 km2, consist of 12 regency and 7 cities with a population of

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more than 4.800.000 people, and has 391 islands which 191 islands have not been named.

The term of Minangkabau is not the same as West Sumatera. Minangkabau is more closely related to the ethnic problems and customs which not only inhabit of wandering and perserving the culture of its tribe. While the term of West Sumatera is a area of Minangkabaunese settlement and also become a provicial-level administrative region.

West Sumatera is a province of Indonesia, which has located on the west coast in Sumatera island to the capital city of Padang. West Sumatera is directly adjacent to the Indian ocean in the west, Jambi province and Bengkulu province in the south, Riau province is in the west and North Sumatera province is in the north. Based on the data from the Central Bereace of Statistic, West Suamtera is the one of eleven provinces in Indonesia which is the most frequently visited by the tourists.

The wide area of West Sumatera is 42.297,30 km2. Administratively, West Sumatera consists of the 8 districts and 6 multicipal area in level II. Six districts located in highland along of the mountain chai, namely Agam, Tanah Datar, 50 Kota, Solok, Pasaman, and Sawah Lunto Sijunjung. Two districts located in the western coastal area : Padang Pariaman and Pesisir Selatan. West Sumatera consists of 100 districts, 543 Nagari and 3,518 villages. Nagari is a tradition of government that based on the genealogical and teritorial autonomy and equality customs.

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2.3The History of Minangkabau

There are many theories about the history or origin of Minangkabau name, namely :

1) The theory according to Prasasti Kedukan Bukit

The history of Minangkabau before Adityawarman kingdom is very vague its existence. But according to the historians that the first kingdom of Minangkabau has existed in the 7th century as that was in Prasasti Keduhan Bukit near Palembang now, the content of Prasasti mentions “Minanga Kamwar”. According to Prof. Purbacaraka, the meaning of “Minang Kampar” became “Kampar”, then “Minanga Kamwar” to “Minanga Kampar” is the name of both river that called left Kampar and right Kampar. So, “Minanga Kampar” gradually became

Minangkabau. Minangkabau is the center of the first Sriwijaya Kingdom.

As the Maritim empire, the capital was moved from Minangkabau, the center of Sriwijaya kingdom moved to Palembang in the Musi river. As the evidence that the first kingdom centered in Minangkabau, is the discovery of Buddist in Muaratakus, in the tributary of Kampar. After emigration center of Sriwijaya Kingdom from Minangkabau to Palembang, there is no written statements or historical records about Minangkabau. Then until the 14th century, Minangkabau Kingdom was called back in the Negarakertagama book. Because of it, Minangkabau described as the one of the region between Kertanegara and Singosari Kingdom at the end of 13th century AD.

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2) The Theory of Buffalo Race

According to the legend of Minangkabau that was reported in Tambo, Minangkabau name derived from the events of Buffalo race. In the legend, handed down through the generations by the Minangkabau ancestors to their childs and grandchilds. In the faced of foreign kingdom’s armies that have the overhelming number of armies. While Minangkabau people have the little number of armies, then the leader of Minangkabau tribe is looking the strategy that will run intelligently and shrewdly with inviting the foreign kingdom to hold the buffalo race. If the the foreign kingdom’s buffalo wins, Minangkabau people would be subject to the foreign kingdom. But if the foreign kingdom’s Buffalo lose, they must leave the Minangkabau area. The foreign kingdom agreed the suggestion of Minangkabau people.

In the faced of Buffalo race, the leaders of Minangkabaunese didn’t find the Buffalo hefty, but they was found the calf that is breastfeeding Bufffalo. This Buffalo was not given milk by its parent as it should. On the day of battle that has been determined, the foreign kigdom was brought the big Buffalo to compete with Minangkabau’s calf. After the foreign kingdom’s Buffalo in the field, Minangkabau people was released the calf which its head is fifted with a pointed and sharp knife. Seeing this big Buffalo, the calf that was starving, has thought it is its parent. Then immadiately butting the big Buffalo and because there was a knife in its head, the big Buffalo’s stomach was ripped and dead. Because of the events, that was expressed the winner to Minangkabau’s Buffalo. Where the origin of Minangkabau name is Minang (victory) and Kabau (buffalo).

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3) The theory of word “Pinang and Kubu”

According to this theory that the Indian merchants who was visited the inland of Kampar area. For searching the wealth, Indian nation woo the princess of Kubu with bringing the cerana that contains nut. According this theory, the word “Minangkabau” and “Kubu” mean are “Meminang orang Kubu”, but later became “Minang-Kubu”. Finally the tribe live in the forests pf West Sumatera, as the tribe “indigenous people”. Their family system is Matrilineal system (Maternal line) and if wee meet the Minangkabau people in the forest, they will call by saying “Sanak” that mean is sister.

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3. THE DESCRIPTION OF MATRILINEALITY/PATRILINEALITY

3.1 Matrilineal System

Matrilineal is a traditional society that regulates the flow from the maternal ancestry. This word is often equated with matriarkhat or matriarkhi, although it basically means is different. Matrilineal derived from Latin languages that consist of two words: Mater means mother, and Linea means line. So, matrilineal means

the lineage drawn from the mother. Meanwhile matriarkhat derived from two words, namely mater means mother and archein (Greek) means rule. So, matriarkhi means power in the hands of the mother or the woman.

Matrilineal is a line of descent from a female ancestor to a descendant (of either sex) in which the individuals in all intervening generations are female. In a matrilineal descent system, an individual is considered to belong to the same descent group as his or her mother. Matrilineal systems trace descent through the mother. This means that children bear their mother’s name and become members of her kin group. It is the mother, not the father, who formally and functionally determines the child’s position in the social structure.

The father, by comparison, has a structurally weak position, and it is the mother’s brother who together with the mother, and often with her other matrikin represents adult authority in the child’s life. Accordingly, the cross-sex-sibling relationship (between brother and sister) has a more structurally significant function in matrilineal systems that do the spousal bond, which tends to be of diminished importance. By means of the matrilineal principle, people can build corporate kin groups that unite members in their social, economic, and

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politicalinterests, organizing them into lineages and clans, though the significant social unit might be a smaller group, such as the household.

Matrilineal system is contained by the Minangkabaunese which is the largest tribe in the world of using this system in Indonesia, Indianese, the Navajo tribe in American, Khasi tribe in Northeastern India, and Nakhi tribe in China. In the Matrilineal system, there are 3 of the most dominant elements :

1) The lineage “according to the mother”

2) The Marriage should be with the another group which is now known as Exogamy matrilineal.

3) The mother holds a central role in the education, safety, and family welfare. The position of men in the Matrilineal system, the writer will explain a bit of their position by taking a few examples of the concept in Minangkabaunese as using this system. In a matrilineal descent system or matriahat in Minangkabau, the father is not a member of the lineage of his children. He is considered a guest and treated as guests in the family, which aim primarily to give offspring. He called samando or urang samando. He is a trustee of the line-protective of their

offspring and lineage property that even if he had to restrain herself from enjoying the fruit of the ground by his people because he was not able to claim part of anything for herself. Nor was he given a place at the home of her parents (matrilineal) because for all booths reserved for female family members, namely to accept their husbands at night. The position of men who are that motivates shaky Minang men to wander or “merantau”.

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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.

3.2Patrilineal 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. 11/1960, 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. 179K/SIP/1961 likening right boys and girls and widows in inheritance.

In the Pasal 35 of Law No. I of 1974 stated:

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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. 179K/SIP/1961 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 his/her family if he/she 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

In general, the meaning of legacy law according to Civil law and Islamic law are almost the same and can not be said to be exactly the same. Which distinguished them are the matter of understanding in the heir, heirs and

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inheritance. In the Civil law, there are two ways to get legacy, there are as the heirs under the provisions of law and as designated in the testament. The first way is called inherit by law or "ab intestato", while the second way is called inherited

"testamentair". The discussions are also stipulated in 834 and 833 article of Civil law. In the legacy law applies a principle, that only the rights and obligations in the legal field of property wealth that can be inherited. In the other words, only the rights and obligations that can be valued by money. Therefore, the rights and obligations in the field of family law in general or the rights and obligations of personality, for example the rights and the obligations as the one affected husband or a father can not be inherited, as well as the rights and obligations of a person as a member of an association.

In addition, the law established that there are people associated with the position or job of relationship with the heir, was not allowed to receive the benefits of a testament made by the heir. These are the notary who made the will and witnesses who attended the making of the will. Who is entitled to inherit from a person heritageis set as follows by the law. To define it, family members of the heir, divided into various groups. If there are people from the first group, those that are jointly entitled to inherit all the inheritance. While other family members did not receive any. If not there are family members first, then people who are included in the second group appeared as a fellow. So, if there is no family of the second class, then people come forward third.

In the first group is children and their derivatives in the bottom line, with not distinguish men and women and do not distinguish the order of birth. They

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exclude other family members in line to the top and side lines, althought it may be among the family members who have a degree these days is closer to the heir. In the second group included parents and relatives of the deceased. The parents basically equated with siblings, but for parents held the regulations to ensure that he would get a share of not less than a quarter of the inheritance. If not there at all family membersfrom the first and second classes, inheritance was split into two equal parts. That is, one for paternal family members and others for family members of the mother of the heir.

In terms of legislation mentioned “fidei-commis” which is a legacy gift to a

beneficiary to the provisions, he/she shall save the heritage, and after passing sometime or if the beneficiary’s own has died, a legacy that should bahanded over to other people that have been defined in a will. The legislation also called

“fidie-commis” is named to jumping hands (in article 879 of Civil law). People who will

receive the inheritance is called “verwachter”. Because he/she inherited it with

the first pass through the hands of heirs, then the way this kind of inheritance by law is called also “erfstelling over de hand,” that is the grant of a stepped heritage. The heritage was as if entrusted to the first designated heir. In the general a legacy gift is stepping prohibited by law, because there are things that do not move, the night time and not separately specified or excluded from the law. This is considered a major abstacle for the smooth travel process of law. As an exception, there are two kinds of inheritance are stepping permitted by law. The first, to satisfy one’s desire that would prevent the wealth spent by their children.

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In the Civil law, there are four groups that become the heirs by blood relationship, namely:

1) The first group, a family in a straight line down, including the children, their descendants and their spouses who are abandoned or at least a long life. 2) The second group, a family in a straight line up, including the parents and

siblings, both men and women, as well as their descendants.

3) The third group, including grandfather, grandmother, and then to the ancestors of the testator.

4) The fourth group, including family members in line to the side and other relatives to the sixth degree.

Besides the law, the legal basis inherited the heir’s legacy is also inherited by the way appointed in the will. A will or testament is: "a statement of what he/she wanted after he/she died". This meaning is also embodied in article 874 and 875 of Civil law. According to the form, there are three kinds of testaments, namely: 1) Openbaar testament, which is the person who left a legacy come at the notary

in the presence of two witnesses declare his will.

2) Olographis testament, a testament forms that created / written by the hand of

the own heir, which should be kept and submitted to the notary, in the presence of two witnesses.

3) Testament closed and secret, a secret testament that should always be closed

or delivered to the notary in the presence of four witnesses.

In the testament, people allowed to make a determination so that their children should not be selling heritage objects and objects that were then passed on again

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to the children of the inheritance itself. And the second, that a beneficiary must pass again in the future what is still left from the legacy he earned it. So just rest it to other have been defined.

In this case, we can accept or reject the inheritance. If you open a legacy, heirs may choose whether or reject a legacy that, or there is also possibility to receive, but with provisions he will not be obligated to pay the debts of the heir, which exceeds the share in inheritance. Full acceptance can be done with the express or secretly. If one with a deed accept his position as a fellow. If secretly he did an act with debts of the dead, may be deemed to have received it in full inheritance. Rejection must be carried out with a statement to the local court where the estate was already open, either acceptance or rejection is always valid from the day the death count of people who leave a legacy.

If there is a legacy of open and no one has come forward as the heirs or persons known as the heirs all the state was rejected, then the inheritance was considered to be not neglected. In such a case, the heritage hall with no need to wait for instructions from magistrate, shall take care of that heritage. At the time, it took the maintenance of heritage hall that should notify the local public prosecutor’s office. In the case of any dispute, whether an inheritance may be considered neglected or not, it will be decided by the magistrate. The heritage hall are required to make notes about the state of the inheritance. If necessary can be preceded by the confiscation of goods, and so clear that heritage.

The collect accounts receivable, pay the debts of the dead. About the acts, if it was desired by the authirities, then the legacy hall must give account. The legacy

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hall is also required to call the fellow that may exist with public calls contained in the letters and other appropriate means.

If after the lase of three years starting from the opening of inheritance has not been there an heir who come forward or report, the heritage hall will make the accountability of the maintenance of the heritage to the country, who will be entitled to take possession of all goods and property inheritance legacy taht will become state property.

4.3 The Legacy in Islamic Law

The source of Islamic inheritance law is basically based on the several verses of the Al-Qur’an as the word of God which is derived great prophet Muhammad apostles of Allah, hadiths which consist of the words, deeds and things that silenced apostles, the Legislations, the compilation of Islamic law, the opinions of the companions of the Apostle of Allah and the opinion of experts Islamic law. Either in Al-Qur’an and the hadiths apostle inheritance legal basis exists which clearly set, and there is implicitly, sometimes even contain only the basics course, the most common basis or source of the inheritance law in Surah An-Nissa, on the other side of Surah-surah as a helper. As mentioned in Surah An-Nissa 5, reads “and do not give your treasure to the people who are not perfect minds (wealth) which God created you as a maintainer. But give them something to eat and clothing to him. And said into them with good words.”

The rules of Islamic Shari’s legacy specify the form of a very orderly and fair. In it established the right of property ownership for every man, both men and women in a way that is legal. Islamic law also establishes the right of transfer of

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ownership of a person after death to the heirs of all the relatives and families, without distinguishing between male and female, big or small. The Qur’an describes and specifies in detail the laws relating to inheritance rights without prejudice to the right one. Part to be received entirely be explained according to the position of heir to the family, whether he was a child, father, wife, husband, grandfather, mother, uncle, grandson, or even only a half blood.

In the implementation of Islamic inheritance law, there are three terms in it, namely : the certainty of death person who has the wealth, the life assurance of the heir when the heirs dead, and knowing the status of each heir. The legacy is the innate or joint property after the testator used it for ill until death, the cost of obtaining the corpse, the payment of debts and testamentary of inheritance. The meaning of legacy was mentioned in the Qur’an at Surah An-Nisaa verse 7 with the term of Tarakah or the property that will be left and moved to people who

deserve it (heir).

Therefore, the Qur’an is the main reference of law and the determination of the division of inheritance, whereas the provisions on inheritance taken from the hadith Rasulullah SAW and the consesnsus of th scholars are very few. It could be argued that in Islamic syariat law and very few verses in the Qur’an, unless the law of this inheritance. This caused such inheritance is a form of ownership is legal and justified Allah SWT. In addition to that, property enforcement is a milestone of life both for individuals and community groups.

According to Islamic inheritance law, there are several things that cause the legacy, namely :

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1) Relatives and lineage relationships, suh as : father, mother, children, grandchildren, siblings, paternal, maternal, so on.

2) Matirnal relationships, namely the husband or wife, although it has been gathered, or been divorced, but it is still in the period of ‘Iddah Talak Raj’i.

3) Walak relationships, that is a relationship between the former slave and the people who gave him/her the freedoom when the former slave does not has the heirs who are entitled to spend the entire estate.

4) The purpose of Islam (Jihatul Islam), that is the Baitul Mal (state treasury)

that holds the estate who is not leaving any heirs at all the reasons mentioned above.

The terms of legacy in Islamic inheritance law , are :

1) The heir really dead, or by the judge’s desicion that was pronounced dead. 2) The heirs really are still alive when the testator died, or by the judge’s

decision declared that is still alive at the time heir dies.

3) Really known that there is a cause of heritage to the heirs, or can be known that the respective heirs entitled to the inheritance.

That what is meant by the estate or inheritance is the property of someone who died, can be:

• Property that can be assassed by including in it the money that would be billed receivables (activa).

• Property which is the debt to be paid on death (passiva).

• Property that is still mixed with innate property of each husband and wife, community property and so on which can also be:

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a) The innate property of husband and wife or a wife or husband are obtained or assessed before they are married either come from their own business, or property acquired as a legacy of their own.

b) The innate property acquired or owned after they married and became husband and wife, but not because of his efforts, for example due to receive a grant inheritance from their parents giving each and etc.

c) The property acquired during the marriage or their business husband and wife or one of them by law to be community property.

• The innate property during the marriage or their business husband and wife or one of them by law to be community property.

Understanding heritage known among the fuqaha is heir of all things left behind, either in the form of property (money) or other. So, in principle, all that was left by the deceased expressed as a heritage. This includes the related debts, whether it is doubtful debts relating to the subject property (such as line status of the property), or doubtful debts relating to personal obligations that must be fulfilled (credit or dowry payments that have not been given to his wife).

In the heritage by the Fuqaha is:

1) All purposes and financing the funeral heir should use his property, with a note should not be excessive. The cemetery purposes embraces everything that is needed deceaded since his death until his funeral. Among other things, the cost of bathing, the purchase of the shroud, funeral expenses, and so on until the deceased arrived at the final resting place.

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2) Let the debts are still borne by the heir to fulfilled first. That is, the heir inheritance shall not be distributed to heirs before the debt claims are fulfilled first. This is based on the words of the Prophet “The soul (spirit) of the believers depend on its debt until fulfilled.” The purpose of this hadith is doubtful debts concerned with our fellow human beings. As if the debts is related to Allah SWT, like not paying zakat, or has not performed the vow, or a fine not met, then among scholars there is little difference of opinion.

3) Obligation heirs will fulfill all over does not exceed the amount a third of all his assets. This is if it will, it is for people who are not heirs, and no protest from any one or even all heirs. The implementation of the heir’s will be done after some of treasure was taken to pay for funeral purposes, including taken to pay debts. If it will exceed one third of the total the heir left behind property, then his will is not obligatory fulfilled except by agreement of all heirs.

Between the heirs and the other one turned out to have different degrees and sequences. The following will be mentioned in the order and degree:

1) Ashabul Furudh. This is the first class were given the inheritance. They are the ones who have determined its share of the Qur’an, the Sunnah.

2) Ashabat Nasabiyah. After ashhabul furudh, then ashabat nassabiyah receive a share. Ashabat nasabiyah which is any remaining relatives of the heir who receives inherited property that has been distributed. In fact, if there were no other heirs, he is entitled to take the entire inheritance.

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3) Additions to Ashhabul furudh appropriate section (except husband and wife). If the estate has been distributed to all heirs still remains, it should be given to each ashhabul furudh according to with sections that have been determined. 4) Bequeath to family. What is meant here is family the heir who still have links

womb – not including ashhabul furudh also ‘residuary heir.

5) Additional inheritance rights for the husband for the husband or wife. If a testator has no heirs, including furudh and ‘asabah. There is also no family who have ties womb, then the estate is entirely for the husband or wife. 6) People who were given more than a third testament the heir property. What is

meant here is someone else, meaning not one of his heirs.

7) State treasury, If a person who died did not have heirs or family as described then the entire assets were handed over to he/she state.

These are the parts of the class of heirs male : (1) boy, (2) grandson (the son), (3) father, (4) grandfather (father side), (5) male siblings, (6) half-brother, (7) sons of my mother’s brother, (8) sons of male siblings, (9) boys of the sons of my mother’s brother, (10) uncle (sibling father), (11) uncle (father half-brother), (12) boys from uncle (father’s siblings), (13) boy’s half-uncle, (14) husband, (15) male emancipate slaves.

And these are parts of the class of heirs female: (1) girls, (2) mother, (3) girls (from descendants of boys), (4) grandmother (mother’s mother), (5) grandmother (mother of father), (6) siblings women, (7) half-sister, (8) sons of my mother’s sister, (9) wife, (10) women who emancipate slaves.

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The Division of legacy according to the Islamic law

If dead, someone immediately detached relationship with the assets it owned. His/her legacy is directly transferred to another person who has the right to inheritance, except in regard to the cost of providing the corpse. As already mentioned above, the right which concern a person's legacy, is the right of the creditor and the person or entity who receives a will.

Thus, in essence Islam that prioritizes the rights encashment be done, do not delay, because it involves the right of human beings. Delay in encashment fellow human rights often result in the deprivation of rights, including the rights of the heirs to the estate. Especially if among the heirs, there are categorized as a orphan.

Strictly speaking, accelerate the division of inheritance is better than procrastinating. Because after the heir died, concerning burial rights, debt repayment and the implementation of will is completed, will be controlled by the heirs and to be right the heir provisions which set out in the Qur'an and Sunnah of the Apostle of Allah.

On the position of boys and girls in Islamic inheritance law is as absolute as the heir because the children who become a parents connector to establish the offspring. In order to set out some absolute heir, Islam distinguishes the male heir and female heirs, in line with its obligations under the burden of family life under the provisions of Islamic law. The boys who are burdened with the obligation of material larger than girls. where the part of boys are doubled parts than girls (Surat an-Nisaa '(4): 11).

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5) THE LEGACY IN MINANGKABAU SOCIETY

The Inheritance law in Minangkabau custom is the actual problem endlessly discussed and questioned. As we know in Minangkabau since the last time until now, prevailing system of descent from tthe mother (matrilineal), that is they are derived from a single mother from the maternal line that is calculated according to the brothers and sisters, mothers and siblings, both male and women, fathers and his brethen, both men and women.

By itself, the children can only be an heir of his/her mother, both for high and low legacy. If the deceased is a man, so the children and his widow is not an heir in the high legacy, but the heir is all of his nephew. In Indonesia, there are still diverse system of legacy laws that apply to nationals of Indonesia, that is :

1) Civil law system of inheritance west (Europe).

2) System of customary inheritance laws a diverse system that is influenced by ethnic forms in various evironmental areas of traditional law.

3) Islamic inheritance law system.

Regarding the legacy according of custom is just for be controlled, it is not like legacy that is prescribed by Islam. the legacy according to the Islamic religion, has the certain parts such as inherit half, one third, one fourth, and so on. And parts that can be controlled by own his rights, may be sold, assigned, and so forth can not be blocked by the other person. If customary law is still attached to the Minang people, then as his heir is according to the lineage of women, daughter - mother - grandmother and so on. Minangkabau society stated that the heirs are the parents, husband, wife, and children (55%), and as stated in the Islamic

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inheritance law (25%). The heirs will receive the estate owned by their parents (70%), and it is in the form of a moving object and the object is not moving. For the division of legacy between boys and girls, it turns out most of them divide equally (35%), however, most of them use of the Islamic law, namely the part of boys larger than the number of girls part, 2: 1.

In the division of inheritance in traditional Minangkabau society, also distinguished between the living treasures and property. The living treasure should be clear, in part or in full whether has been granted to the heir or nephew or not. If it already granted, of course, the property is the right of the person concerned. If the "bako" (brother of the heir) demanding his/her share, then be resolved by deal. Meanwhile, the division of inheritance to determine who will hold the rights "ganggam bauntuak" can be resolved by deal too. About living treasure, the question is whether it can be inherited by the father to his wife and children. In this case, the customary law experts said that the living treasure has no legal status in custom and it is not also include the low inheritance.

5.1 The High Legacy (Harto Pusako Tinggi)

In term of legacy system in Minangkabau society which is matrilineal, its high inheritance and living treasure divided by Syara'. The High Legacy (Harto

Pusako Tinggi) is a treasure that is not longer unknown origin. While the low legacy is still unknown origin or ancestry who still remember and pass it aound when acquired. According to Minangkabau culture, obtained with the Harto Pusako Tinggi with iron, Harta Pusako Randah property obtained by gold. Harto Pusako Tinggi is “yang dijual tidak dimakan beli, digadai tidak dimakan sando

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(sandra)” (that can not be sold and moved to hands of others). And this is the

great pillar Minangkabau. The High Legacy inherited to daughter. The high inheritance should not be on sale and may only be pawned.

In term of selling or mortgaging high inheritance, there must be consent and agreement of all heirs and witnessed by members of the Chieftains or

Penghulu. Such this things should not carelessly, but with the approval. The High

Heritage be pawned for 4 things :

1) Gadih gadang indak balaki, means there is a girl or a widow who already

worth mated. But it costs nothing to fill out customs and for the marriage event.

2) Mayik tabujua di ateh rumah, means that the land be mortgaged to cover the

cost of the death, burial, feast, and so on, especially if the death of a

Penghulu.

3) Rumah gadang katirisan, means the custom home has been damaged. It need

to be prepared or repaired, while the savings rate does not exist at that time. 4) Mambangkik batang tarandam, means the customary are not standing in the

community. The house had to be built by Penghulu. Because the cost to fill the custom at Nagari is not enough.

But in reality it looks now, according to the progress and development of society, there are people in Minangkabau mortgaged her legacy not because such things are mentioned above, such as : to cover the trade deficit, for the purposes of medical expenses and for children's education. it can be concluded that in principle people selling or mortgaging the legacy is as a source of credit. And

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credits earned by selling or mortgaging the property, was not used for the heritage that is productive, but it is for consumtive.

5.2 The Low Legacy (Harto Pusako Randah)

The Low legacy is the property of the parents. This property does not distinguish which one is the joint property and which also is an innate property. In colloquially referred to as “harto carian bapak jo mande” (father and mother living treasure). Although conceptually each treasure has a different understanding, but in practice people do not differentiate. This is evident when the one of parents has die, the inheritance status is not disputed by the heirs if he is joint property or property defect. Heirs are only stating that the property left by their parents is a legacy. Therefore, they are entitled to inherit it.

Almost the same as the definition of law legacy above, there are also people who classify low legacy into several groups. Basically, these groups are the elaboration of the definition of low legacy who inherited property to her children. Among others the following :

1) Pusako Tali Darah

Pusako Tali Darah is a legacy gained from the efforts of father and mother passed on to offspring. Heredity is meant here is the biological child. In accordance with the call it’s, strappy blood. Therefore, if there are other children who do not come from the mother and father who seeks the property (not the biological children) then the child is not entitled to this legacy.

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2) Pusako Tali Aka

results obtained by mamak business with his sister. In the other words, there is a kind of effort capital that comes from his sister. Property acquired by the elders of results of its efforts to be a treasure Pusako Tali Aka for their children. Therefore, if the elder has died then this property will belong to her children. However, if the property acquied by the elders came up assistance or cooperation of the sister of the mamak nephew (the son of the sister) is entitled to property acquired.

Inheritance of the mamak to nephew as this is tthe Pusako Tali Aka.

3) Pusako Tali Budi

It is one’s property results are given to others outside the family due to good relations. Providing there is a direct ownership to the rights of people who were given ownership and there are also associated with certain conditions. Direct ownership means the property is at once immadiately become the property of a given person. The ownership is associated with the condition, usually done by agreement where the property becomes the property of those who were given so long as he is still alive. If people are given the property had died then the ownership of the property given to him to switch back to the donor family or heirs property.

Based on the above illustrated that the property of Pusako Tali Darah and Pusako Tali Budi for an unspecified reason other legacy are low. From it’s pretty

(53)

clear that lower legacy is property that actually belongs to someone or not mixed with the possessions of others so that in case of death of the event will move into the property of heirs.

The Low Legacy (harto Pusako Randah) should not be passed on to daugther, in this case boy had got part by a will of their parents. The low legacy property ontained by gold.

In addition, we know the existence of another property, called Harta

Suarang, the over all property that we get it together by husband and wife during

marriage, except any property innate husband and wife innate all property that has been there before the merriage took place. Known also as the other property suarang this, namely : harta pasuarang, harta basarikatan, harta kaduo, or asset

salamo baturutan. But in reality, property suarang was similiar to the inheritance

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6) CONCLUSIONS AND SUGGESTIONS

6.1 Conclusions

Through the result of discussions at the previous description, it can be concluded that the Minangkabau society is based on the Matrilineal system in all their customs, such as in the case of inheritance, marriage, clan, etc. Matrilineal system is the kinship system that based on matrilineal descent. Minangkabau society puts a high position for women in their customary terms. They also has some different characteristics and they like working together based on tradition and religion.

In the case of inheritance, they also stated that the heirs to his/her estate are girls. Th men in Minangkabau society only served to Merantau and just got a little

bit of part inheritance than women's. According to Islamic inheritance law, men have a 2:1 comparison inheritance rights to the women. While in the legacy of Civil law, there are two ways to get an inheritance, heirs according to the provisions of law and as designated in the will (testament). In addition,the tribes who use the patrilineal system, determined that the heirs of the legacy are the men. The Islamic inheritance law and the tribe that use patrilineal system, have the similarities in the division of inheritance, which is addressed most of his legacy to men. The legacy in Minangkabau society has two types, namely: The High Legacy (Harto Pusako Tinggi) and The Low Legacy (Harto Pusako Randah).

The High Legacy is the property acquired from generation to generation that can not be transferred the ownership, but is only enjoyed the results for the

(55)

common. The material of High legacy are fields, gardens, houses, money, jewelry, and others which the named Pusako. The Low Legacy is the treasure that can be inherited or transferred.

The system of legacy in Minangkabau society is bequeathing all the high legacy and low legacy to the daughters. If a family as an example has two girls and two boys in it , the legacy is still bequeathed to daugthers that divided respectively the same average 50% of each other. While the boys do not get the heritage. But if the girls who get the legacy has a sense to give it their brothers, then it’s a personal thing of their own. The land, house, field, jewelry, money, and others are the most common heritage that given to the girls in minangkabau society. Including the girl’s title of clan which is also a title of lineage bequeathed to her childrens in the future.

6.2 Suggestions

There are some suggestions that I would like to convey. They are as the following :

1. The legacy should be divided evenly and and not comparing the position of the women and men.

2. The men is also important in the division of inheritance.

3. The division of legacy according to a tradition of mother line in Minangkabau and its tradition should be maintained.

(56)

REFERENCES

Ali, Zainuddin. 2008. Pelaksanaan Hukum Waris di Indonesia. Jakarta: Sinar Grafika.

Anwar, Chairul. 1997. Hukum Adat Indonesia : Meninjau Hukum Adat Minangkabau. Jakarta: PT Rineka Cipta.

Basyir, Ahmad A. 2001. Hukum Waris Islam, Revised Edition. Yogyakarta: UII Press Yogyakarta.

Chourmain, Imam. 2006. Acuan Normatif Penelitian untuk Penulisan Skripsi, Tesis, dan Disertasi. Jakarta: Al Haramain Publishing House.

Deliana. 2010. Disertasi: Kesinambungan Topik dalam Kaba Klasik Minangkabau. Unpublished.

Ginting, Paham. 2006. Filsafat Ilmu dan Metode Penelitian. Medan: USU Press.

Hadikusuma, Hilman. 2003. Pengantar Ilmu Hukum Adat Indonesia. Bandung: Mandar Maju.

Hamdan, Faisal. 1983. Sistem Kesatuan Hidup Setempat Daerah Sumatera Barat. Jakarta: Rivai Abu.

Maryaeni. 2005. Metode Penelitian Kebudayaan. Jakarta: PT Bumi Aksara.

Mahyudin, S., R. Rustam. 2002. Hukum Adat Minangkabau dalam Sejarah Perkembangan Nagari Rao-rao : Ranah Katitiran di Ujuang Tunjuak.

Jakarta: CV. Citatama Mandiri.

Moeleong, Lexy J. 2007. Metodologi Penelitian Kualitatif. Bandung: PT Remaja Rosdakarya

Nasroen, Muhammad. 1957. Dasar Falsafah Adat Minangkabau. Jakarta: Bulan Bintang.

Ramulyo, M. Idris. 1994. Perbandingan Pelaksanaan Hukum Kewarisan Islam dengan Kewarisan Menurut KUH Perdata (BW). Jakarta: Sinar Grafika.

Ranjabar, Jacobus. 2006. Sistem Sosial Budaya Indonesia (Suatu Pengantar).

(57)

Rosnida, Thaher, and S. S. Nain. 1988. Kedudukan Wanita dan Peranan Wanita dalam Kebudayaan Suku Bangsa Minangkabau. Jakarta: Departemen Pendidikan dan Kebudayaan.

Sarulama, M. Rasjid. 1993. Monografi Hukum Adat Daerah Sumatera Barat (Buku II). Jakarta: Departemen Kehakiman Badan Pembinaan Hukum Nasional.

Soekanto, Soerjono. 1983. Hukum Adat Indonesia. Jakarta: PT Raja Grafindo Persada

Suparman, Eman. 2005. Hukum Waris Indonesia dan Perpektif Islam Adat dan BW. Bandung: Refika Aditama.

Subekti, R. 2003. Pokok-pokok Hukum Perdata. Jakarta: PT Intermasa.

Usman, H., P. S. Akbar. 2009. Metodologi Penelitian Sosial (edisi kedua). Jakarta: PT Bumi Aksara.

(1)

2) Pusako Tali Aka

Pusako Tali Aka shall have the meanings legacy that come from the results of operations mamak. This property is divided into two parts. First, the property acquired by mamak on the results of its efforts and the second property on the results obtained by mamak business with his sister. In the other words, there is a kind of effort capital that comes from his sister. Property acquired by the elders of results of its efforts to be a treasure Pusako Tali Aka for their children. Therefore, if the elder has died then this property will belong to her children. However, if the property acquied by the elders came up assistance or cooperation of the sister of the mamak nephew (the son of the sister) is entitled to property acquired. Inheritance of the mamak to nephew as this is tthe Pusako Tali Aka.

3) Pusako Tali Budi

Based on the above illustrated that the property of Pusako Tali Darah and Pusako Tali Budi for an unspecified reason other legacy are low. From it’s pretty

(2)

clear that lower legacy is property that actually belongs to someone or not mixed with the possessions of others so that in case of death of the event will move into the property of heirs.

The Low Legacy (harto Pusako Randah) should not be passed on to daugther, in this case boy had got part by a will of their parents. The low legacy property ontained by gold.

In addition, we know the existence of another property, called Harta Suarang, the over all property that we get it together by husband and wife during marriage, except any property innate husband and wife innate all property that has been there before the merriage took place. Known also as the other property suarang this, namely : harta pasuarang, harta basarikatan, harta kaduo, or asset salamo baturutan. But in reality, property suarang was similiar to the inheritance to the property search wife and children.

(3)

6) CONCLUSIONS AND SUGGESTIONS

6.1 Conclusions

In the case of inheritance, they also stated that the heirs to his/her estate are girls. Th men in Minangkabau society only served to Merantau and just got a little bit of part inheritance than women's. According to Islamic inheritance law, men have a 2:1 comparison inheritance rights to the women. While in the legacy of Civil law, there are two ways to get an inheritance, heirs according to the provisions of law and as designated in the will (testament). In addition,the tribes who use the patrilineal system, determined that the heirs of the legacy are the men. The Islamic inheritance law and the tribe that use patrilineal system, have the similarities in the division of inheritance, which is addressed most of his legacy to men. The legacy in Minangkabau society has two types, namely: The High Legacy (Harto Pusako Tinggi) and The Low Legacy (Harto Pusako Randah).

The High Legacy is the property acquired from generation to generation that can not be transferred the ownership, but is only enjoyed the results for the

(4)

common. The material of High legacy are fields, gardens, houses, money, jewelry, and others which the named Pusako. The Low Legacy is the treasure that can be inherited or transferred.

6.2 Suggestions

There are some suggestions that I would like to convey. They are as the following :

1. The legacy should be divided evenly and and not comparing the position of the women and men.

2. The men is also important in the division of inheritance.

3. The division of legacy according to a tradition of mother line in Minangkabau and its tradition should be maintained.

(5)

REFERENCES

Ali, Zainuddin. 2008. Pelaksanaan Hukum Waris di Indonesia. Jakarta: Sinar Grafika.

Anwar, Chairul. 1997. Hukum Adat Indonesia : Meninjau Hukum Adat Minangkabau. Jakarta: PT Rineka Cipta.

Basyir, Ahmad A. 2001. Hukum Waris Islam, Revised Edition. Yogyakarta: UII Press Yogyakarta.

Chourmain, Imam. 2006. Acuan Normatif Penelitian untuk Penulisan Skripsi, Tesis, dan Disertasi. Jakarta: Al Haramain Publishing House.

Deliana. 2010. Disertasi: Kesinambungan Topik dalam Kaba Klasik Minangkabau. Unpublished.

Ginting, Paham. 2006. Filsafat Ilmu dan Metode Penelitian. Medan: USU Press. Hadikusuma, Hilman. 2003. Pengantar Ilmu Hukum Adat Indonesia. Bandung:

Mandar Maju.

Hamdan, Faisal. 1983. Sistem Kesatuan Hidup Setempat Daerah Sumatera Barat. Jakarta: Rivai Abu.

Maryaeni. 2005. Metode Penelitian Kebudayaan. Jakarta: PT Bumi Aksara.

Mahyudin, S., R. Rustam. 2002. Hukum Adat Minangkabau dalam Sejarah Perkembangan Nagari Rao-rao : Ranah Katitiran di Ujuang Tunjuak. Jakarta: CV. Citatama Mandiri.

Moeleong, Lexy J. 2007. Metodologi Penelitian Kualitatif. Bandung: PT Remaja Rosdakarya

Nasroen, Muhammad. 1957. Dasar Falsafah Adat Minangkabau. Jakarta: Bulan Bintang.

Ramulyo, M. Idris. 1994. Perbandingan Pelaksanaan Hukum Kewarisan Islam dengan Kewarisan Menurut KUH Perdata (BW). Jakarta: Sinar Grafika. Ranjabar, Jacobus. 2006. Sistem Sosial Budaya Indonesia (Suatu Pengantar).

(6)

Rosnida, Thaher, and S. S. Nain. 1988. Kedudukan Wanita dan Peranan Wanita dalam Kebudayaan Suku Bangsa Minangkabau. Jakarta: Departemen Pendidikan dan Kebudayaan.

Sarulama, M. Rasjid. 1993. Monografi Hukum Adat Daerah Sumatera Barat (Buku II). Jakarta: Departemen Kehakiman Badan Pembinaan Hukum Nasional.

Soekanto, Soerjono. 1983. Hukum Adat Indonesia. Jakarta: PT Raja Grafindo Persada

Suparman, Eman. 2005. Hukum Waris Indonesia dan Perpektif Islam Adat dan BW. Bandung: Refika Aditama.

Subekti, R. 2003. Pokok-pokok Hukum Perdata. Jakarta: PT Intermasa.

Usman, H., P. S. Akbar. 2009. Metodologi Penelitian Sosial (edisi kedua). Jakarta: PT Bumi Aksara.

The System Of Legacy In Minangkabau Society