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THE HERITAGE IN MINANG PARIAMAN SOCIETY

A PAPER

BY

ELVIA YUNITA HASIBUAN

REG. NO. 082202019

NORTH SUMATERA UNIVERSITY

FACULTY OF CULTURE STUDIES

DIPLOMA III ENGLISH STUDY PROGRAM

MEDAN

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It has been proved by Supervisor,

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

Submitted to Faculty of Culture Studies, University of North Sumatera

in partial fulfillment of the requirements for DIPLOMA (D-III) in English

Approved by

Head of Diploma III English Study Program,

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

Approved by the Diploma III of English Study Program

Faculty of Culture Studies, University of North Sumatera

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Accepted by the Board of Examiners in partial fulfillment of the requirements for

the D-III of Examination of the Diploma III of English Study Program, Faculty of

Culture Studies University of North Sumatera

The examination is held on June, 2011

Faculty of Culture Studies, University of North Sumatera Dean,

Dr. Syahron Lubis, M.A NIP: 19511013197603 1 001

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

Iam, ELVIA YUNITA HASIBUAN, 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 : ELVIA YUNITA HASIBUAN

Title of Paper : THE HERITAGE IN MINANG PARIAMAN

SOCIETY

Qualification : D-III / Ahli Madya

Study Program : English

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.

Signed : ……….

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ABSTRAK

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ABSTRACT

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ACKNOWLEDGEMENTS

I would like to thank the Almighty God Allah SWT, who has given me

health and capability to finish this paper as my last assignment to finish my study

at Diploma III English Study Program University of North Sumatra.

During her study in English Diploma III, University of North Sumatera,

she has got a lot of supports and helps from many people in completing her paper.

1. I also would to thank to my supervisor Dr. Deliana, M. Hum who has

given her advice, critics, and precious time in reading and correcting

this paper its completeness.

2. Thank you so much to the Reader Drs. Siamir Marulafau, M. Hum

for his advice and correcting this paper its completeness.

3. My thank also goes to the Head of Diploma III English Study Program

Dr. Matius C.A. Sembiring, M.A for his guidance and developing

critics, and also the Dean of Faculty of Culture Studies Dr. Syahron

Lubis M.A for allowing me to study in Faculty of Culture Studies.

4. My beloved parents, M. Djoni Hasibuan and Sofiaty for their

attentions, advices, and supports. Their are a great parents so I can

finishing this paper.

5. My thank also goes to my lovely sister Rizka Karunia Hasibuan

thank you for you support and attention. You are my little queen. For

my brother Rizki Amanda Hasibuan and Yophie Firmansyah

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6. Special thanks to my bestfriend Cut Zahara and Sasi jayanti you are

my inspiration always supports, advices, attentions and make me

happy. For the bandits Alfian(peno), Afrizal, Nasrul, Hanafi(abi),

Amri(macho boy), Dani, Aidil, Jusia thank for their happiness and

attentions. And all my friends in English Diploma III of 2008 class A

and B.

7. Finally to my lovely person Andon Permata Marer, thank you for

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TABLE OF CONTENT

AUTHOR’S DECLARATION ... i

COPYRIGHT DECLARATION ... ii

ABSTRAK ... iii

2. THE DESCRIPTION OF MINANG PARIAMAN 2.1 Community in Pariaman ... 3

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ABSTRAK

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ABSTRACT

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1. INTRODUCTION

1.1 The Background of Study

Indonesia is a country which has many tribes: Bataknese, Javanese,

Acehnese, Minangkabaunese, etc. These tribes have their own tradition. Tradition

is something that has been done a long time and become a part of the life of a

community. Tradition could be information passed on from generation to

generation, both written or oral.

Among many tribes in Indonesia, one of them is considered unique, that

is a tradition in Pariaman society in West Sumatera, it is heritage. This tradition is

practiced when parent inherintance will fall to girls. This legacy will not fall into

the boys if there were no wills of their parents. The girls in Minangkabau society

is very valuable, as all parents will be given a legacy to the girls such as land,

houses and property. On the other hand, the boys just get a room in the house, if

the boys are married and then divorced, he will get right inside the house but only

the room and will not become his property. If they do not practice this tradition,

they will not get blessing from their parents. To get blessing from parents, they

must obey their parents order. That is why, this tradition is still practiced in

Pariaman community.

Based on the above statement, the writer is interested to raise this

heritage as her topic. Since the writer wants to introduce that the heritage as a part

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Data for this paper is gained trough library and field research methods,

that is by reading some books concerned with the topic and asking some questions

to Pariaman community around who still of practice heritage as tradition. Thus,

this heritage will be known and will be an information for us.

1.2 The Scope of the Study

There are many tradition that need to be practiced in Pariaman such as

Batabuik, wedding, heritage etc. But, it is certainly impossible to explain them all

in this paper. Therefore, the writer just focused on heritage and how this tradition

is still practiced in Pariaman community.

1.3 Purpose of the Study

By writing this paper, the writer wants to inform, introduce, and preserve

the tradition of Pariaman community to the reader. The objective of the study is to

explain heritage and how this tradition is still practiced in Pariaman community.

1.4Significance of the Study

This paper discusses heritage as tradition in Pariaman community and

how this tradition is still practiced in Pariaman community. Besides that, it can be

the source to the other community who has different tradition.

The writer believes and hopes that this writing will enrice information on

Indonesian culture, especially Pariaman. Besides that, it can be used as reference

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2. DESCRIPTION OF PARIAMAN 2.1 Community in Pariaman

The community of Padang Pariaman pronounce, “Pariaman” as

“Piaman.” This term is also used by Pariaman people who live in other cities in

Indonesia like Medan, Jambi, etc. By using the term, “Piaman,” Pariaman people

feel close to their community. This term is only used by people or community

who came from and was born in Pariaman area, not for the community who came

from Mentawai archipelago.

Piaman community were known for their tradition and faithful to

other belief, even half of term might be called fanatic. Both of tradition element

and Islam teaching caused their relationship was very closed. It was proved in the

beginning of independence war after 17th August 1945, with integrity, religion and

the tradition is all of revolution enemies when many people swept it at that time.

As proof, until this time there is no foreigner in Pariaman (Padang Pariaman

regency), especially China group. At G30 S/PKI did cup in Indonesia, at that time

all of people who indicated to be the folower of that China group has been swept

clearly by many people no matter who it might be. Both of these events more

were done like hunted in the jungle.

Piaman community also like working together based on tradition

and religion. They built some facilities together such as places to pray, and school.

They also help their neighbors if they get troubles or they are in difficulties.

Moreover, if a wedding party is held in their area, they will help and work

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Besides there is positive things that characterize Piaman

community, there is also negative ones based on the prespective of someone who

analyzed it. In Pariaman is known for its “jeer.” For other region in West

Sumatera, it is called “irony.” But this jeer is different based on the purpose and

the significance of the analysis. If the irony may be an impolite feeling or ideas

which refers to action form or someone’s saying. So that the action or that words

can be changed or repaired to be polite.

The most important characteristic of Piaman is “preman.” The

word “preman” comes from english language ”freeman.” We know that this

Piaman area had been colonized by Portuguese, England and so forth. It means

that the preman is mischievous. It is done by adolescent who can not control their

attitude in daily life. This thing often has bad effects to community. Some

Pariaman community has this kind of attitudes because they are open with other

tradition or they have it since they stay in their home town such as Medan, Jakarta

and so forth. It does make the tradition in Pariaman community change because

this tradition is still be dominated by old people meanwhile time will change the

tradition.

There are other characteristic of Pariaman community that should

be counted on, that is wandering and love their home town. Many Pariaman

communities wander to other people area. They call this as a specific character to

love their home town although the wander who has been rich in other people area,

nevertheless he keeps remembering his home town and builds house in his home

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Piaman community also have good personality such as polite,

thoughful, loyal, fair, efficient, wary, brave because right, wise, patient, diligent,

and modest. All of these personalities are reflected in Pariaman community daily

life, so that they have good relationship that make them live harmoniously and

peacefully.

2.2 Location of Pariaman

Pariaman city is one of the 19 regencies / cities in West Sumatra

Province. Pariaman city was inaugurated as the Autonomous City with the

enactment of Law No. 12 of 2002. Geographically located at 0 ° 33'00 "- 0 °

40'43''south latitude and 100 ° 10 '33''- 100 ° 10'55" east longitude. Pariaman city

lies on a strategic route across the Western portion connecting Sumatra, North

Sumatra and West Sumatra's provincial capital, Padang. Located around 56

kilometers from Padang, or around 1 hour away by bus and around 25 miles from

Minangkabau International Airport. District parent is Padang Pariaman, then the

entire region bordering the district of Padang Pariaman. Administratively

Pariaman City has three district namely: District of North Pariaman, Pariaman

Central and South Pariaman. The city is an expanse of lowland Pariaman located

on the west coast of West Sumatra Province with a height between 2 to 35 meters

above the sea with a land area of 73.54 km ² and the area 282.69 km ² with a sea

of 6 pieces of small islands: island Bando, Gosong Island, Ujung Island, Tangah

Island, Angso Island, and Kasiak Island. A Long beach approximately 12.7

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As to the other areas located on the west coast of Sumatra island, Pariaman city

have this kind of volcanic rock. Area topography, geomorphology and form

regions together form a pattern of river flow. Pariaman city is traversed by four

rivers that through the District of North Pariaman, Batang and Batang Jirak

Piaman passing through Central and Trunk Subdistrict Pariaman Mangau through

South Pariaman. Pariaman City area is wet tropical climate is strongly influenced

by westerly winds and very short dry months. Annual rainfall reaches about 4055

mm (in 2006) with a length of 198 rainy days. The average temperature 25.34 ° C,

with air humidity average 85.25 and the average wind speed of 1.80 km / hour.

The dry season and rainy season always changing is time. Such a climate allows

for the growth of various plants, but rainfall and high humidity levels which cause

various problems, such as plants that need dry climate could not grow well, is an

obstacle for post-harvest handling of certain commodities which require hot

weather and sunny during the drying process, constraints in commodity storage,

reduced the number of productive working days and a negative influence on a

number of commodities. The climate also influences the amount of fish catch for

fishermen.

2.3 History of Pariaman

Pariaman in ancient times is an area that is known by foreign

merchants since 1500. The oldest records about Tomec Pariaman found by Pires

(1446-1524), a Portuguese sailor who worked for the Portuguese empire in Asia.

He noted there has been trade traffic between India with Pariaman, Tiku and

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had held the horse trade that brought from Batak to the Land of Sunda. Later, the

French nation came about in 1527 under the command of a politician and

businessman namely Jean Ango. He sent two merchant ships headed by two

brothers namely Jean and Raoul Parmentier. Both these vessels had entered the

offshore Pariaman and stop in Tiku and Indrapura. But his men attacked disease,

so the record of two brothers is not much found.

Date 21 November 1600 for the first time the Dutch nation

stopover in Tiku and Pariaman, that is 2 ships under the command of Paul van

Cardeen which sailed from the north (Aceh and Pasaman) and then followed by

another Dutch ship. Cornelis de Houtman who arrived in Sunda Kelapa 1596

Pariaman also pass through the waters. Year 1686, people began to relate to

British Pariaman. As a region, located on the seashore, Pariaman has become a

destination of trade and conquest of foreign nations who do cruise ships a few

centuries ago. Port entreport Pariaman was very advanced. But with the passage

of the port is getting lonely because one of the causes is the start of construction

of the railroad from Padang to Pariaman in 1908.

With in and out of a very long struggle towards a definitive city,

Pariaman finally officially established as the Autonomous City on July 2, 2002

based on Law No. 12 of 2002 on the establishment of Pariaman in West Sumatra.

Previous City Administrative City Pariaman status and become part of the district

of Padang Pariaman under Government Regulation No. 33 of 1986. Pariaman city

was inaugurated on 29 October 1987 by Minister of Home Affairs Supardjo

Roestam with the first Mayor of Drs. Adlis Legan. The struggle towards the city

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Padang Pariaman Regent at the time, Anas Malik, City of Pariaman also be

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3. THE DESCRIPTION OF HERITAGE 3.1 The Meaning of Heritage

The history traditions and qualities that a country or society has had

for many years and that are considered an important parts of its people. Heritage

is usually passed on to his son or family. Inheritance is the transfer of rights and

obligations of all the properties, or dependents of a deceased person to his family

who are still alive. "And for every person we have put the heirs of the mother's

father and close relatives who are nearest and those who have tied the oath of

allegiance to you, then barikanlah to those parts.”

3.2 The Heritage in Civil Law

In the civil law, there are two ways to get heritage that is as heirs

under the provisions of law and as designated in your testament. In the heritage

law applies a principle, that only the rights and obligations in the legal field of

property wealth that can be inherited. In 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 obligation 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 or 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 the witnesses who attended the making of the will. Who is entitled to

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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

exclude other family members in line to the top and side lines, although 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 inheritance. If not there at all

family members from 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” that is a legacy gift to a

beneficiary to the provisions, he shall save the heritage, and after passing some

time or if the beneficiary's own has died, a legacy that should behanded over to

other people that have been defined in a will. People who will receive the

inheritance is called "verwachter." Because he 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

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time and not separately specified or excluded from the law. This is considered a

major obstacle 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.

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

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 to accept 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 estate 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 the magistrate, shall take care of that heritage. At the time it

took the maintenance of heritage hall heritage should notify the local public

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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, accounts receivable and pay the debts of the

dead. About the acts that, if desired by the authorities, then the heritage hall must

give account. The heritage hall are also required to call the fellow that may exist

with public calls contained in the letters and other appropriate means.

If after the lapse 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 that will become state property.

3.2 The Heritage In islamic Law

Islamic Shari'a inheritance rules 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 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,

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division of inheritance, whereas the provisions on inheritance taken from the

hadith Rasullah saw and the consensus of the scholars are very few. It could be

argued that in Islamic syariat law and very few verses in the Qur'an that details of

a law in detail and detail, 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.

Islamic inheritance law is basically sourced to several verses of the

Quran as the word of God which is derived great prophet Muhammad apostles of

Allah and Hadith which consists of words, deeds and things that silenced apostles.

Either in Al-Quran 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 the letter An-Nissa; on

the other side of sura-sura 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 .”

That what is meant by the estate or inheritance is the property of

someone who died, can be:

1. Property that can be assessed by including in it the money that would be

billed receivables (activa).

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

3. Property that is still mixed with innate property of each husband and wife,

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a. 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. 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. Property acquired during the marriage or their business husband and

wife or one of them by law to be community property.

4. Innate property that could not be owned directly by their husband and wife

such as inheritance of the tribe or their relatives are taken as the first

capital in a marriage that must return to the origin or tribe.

Inheritance or legacy so it is a treasure which is the inheritance that

can be shared individually to heirs inheritance is a whole after less the innate

property husband and wife, innate property of the tribe, reduced again with the

debts of the deceased.

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 lien 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

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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 deceased, 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.

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 debt 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. According Mazhab Hanafi

that the heirs are not required to fulfilled.

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 the treasure was taken to pay for funeral

purposes, including taken to pay debts.

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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. Ashhabul 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 nasabiyah 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. For

example, a boy the heir, grandson of the boy the heir, the heir's siblings,

biological uncle, and so on.

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. The husband or wife is not entitled to receive an additional

part of the remaining estate. For inheritance rights for the husband or wife

because of the marriage bond, while the main family because relatives

more than others to get additional.

4. Bequeath to family. What is meant here is family the heir who still have

links womb - not including ashhabul furudh also 'residuary heir. For

example, an uncle (mothers brother), aunt (mother's brother), aunt (her

father), grandson of a daughter, and granddaughter of girls. So, if the the

heir do not have family as ashhabul furudh, nor 'residuary heir, the family

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5. Additional inheritance rights for the husband or wife. If a testator has no

heirs, including ashhabul furudh and 'asabah, There is also no family who

have ties womb, then the estate is entirely for the husband or wife. For

example, a husband dies without having family who are entitled to inherit,

then the wife get one-fourth part of the estate left behind, while the rest is

in addition to the right of heirs. Thus, the wife has all her husband's

inheritance. Likewise husband against wife inheritance of the deceased.

6. People who were given more than a third testament the heir property.

What is meant here is someone else, meaning not one and heir. For

example, someone dies and has ten children. Before he died he first gave

testament to all or part of their children in order to give some property to

someone who is not one of his heirs. Even the Hanafi and Hanbali schools

of thought can give the entire estate if the heir is his will that way.

7. State treasury. If a person who died did not have heirs or family as

described then the entire assets were handed over to the state.

These are the parts of the class of heirs male: (1) boys, (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 (siblings 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

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(mother of father), (6) siblings women, (7) half-sister, (8) sons of my mother's

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4. THE HERITAGE IN MINANG PARIAMAN

In Indonesia, there are still diverse system of heritage laws that

apply to nationals of Indonesia, that is:

1. Civil law system inheritance west (Europe).

2. System of customary inheritance laws a diverse system that is influenced

by ethnic forms in various environmental areas of traditional law, for

example, matrilineal system in MinangKabau, the Batak patrilineal,

bilateral in Java, such unilateral alterneren in Rejang Lebong or Lampung

Papadon, who treated the people Indonesia is still closely associated with

traditional law community concerned.

3. Islamic inheritance law system, which also consists of pluralism teachings,

such as inheritance teachings of Ahlus Sunnah Wal Jamaah, Syi’ah

teachings,and teachings Hazairin. The most dominant and is used in

Indonesia is the Ahlus Sunnah Wal Jamaah.

4.1 High Heritage

High heritage (Pusako Tinngi) is a treasure that not longer unknwon origin. While

the low heritage is still unknown origin or ancestry who still remember and pass it

around when acquired. According to Minangkabau culture. Obtained with the

harta pusako tinggi with iron, harta pusako randah property obtained by gold.

Harta pusako tinggi is yang dijual tidak dimakan beli, digadai tidak dimakan

sando ( pusako tinggi can not be sold and moved to hands of others). And this is

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inheritance should not be on sale and may only be pawned. High pawned legacy

can only be done after be discussed among the top brass, preferred pawned to the

same tribe but can also be pawned to other tribes.

The high heritage be pawned for 4 things :

1. Gadih gadang indak balaki (spinster who never married). If there is no

cost to mary young girls, while age is too late.

2. Mayik tabujua di ateh rumah (the corpse lying on the house). If there is no

fee to take care of the bodies which must be immediately buried.

3. Rumah gadang katirisan (big house is leaking). If there is no cost to

renovate the house, while houses have been damaged and rotten so it is not

habitable.

4. Mambangkik batang tarandam (unload the timber submerged). If there no

fee for the appoinment of a party prince (datuk) or the cost to educated

member of the higher level.

4.2 Low heritage

The above definition can be seen that the treatment of property

owned by the property in question is not so with an innate property. Although

conceptually each treasure has a different understanding, but in practice people do

not differentiate. This is evident when one of the 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

(33)

classify low legacy into several groups. Basically, these groups are the elaboration

of the definition of legacy low as someone 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.

For example, a husband or a wife has acquired a parcel of land property

for joint venture and has several children. At the same time, for one thing

the husband remarried and had children. If the husband is dead then the

property is a parcel of land was the estates for some of his children with a

wife who participate get the treasure. The children of the husband with the

next wife is not entitled to a piece of land abandoned due to the mother of

the child does not participate in obtaining the treasure.

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

other words, there is a kind of effort capital that comes from his sister.

(34)

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

acquired 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 the pusako tali aka.

For example, a parcel of land owned by the sister processed by a mamak.

From the results of processing carried out mamak on a parcel of land that

can also be purchased by mamak other piece of land. If this mamak died

then a plot of land that had been purchased earlier, in addition to the rights

of children as pusako cord blood there are also the rights of the child as his

sister pusako aka rope.

3. Pusako tali budi is one's property operating 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 provided the property is at once immediately 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.

For example, a parcel of land on the rope is given to a person's mind. If not

(35)

end with death as he was to later switch back to the donor's heirs property

or assets of the giver.

Based on the above illustrated that the property pusako tali darah, pusako

tali aka, and pusako tali budi for an unspecified reason other legacy are

low. From it's pretty 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.

Law heritage (Pusako Randah) should not be passed on to

daughter, in this case boy had got part by a will of their parents. Law heritage

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 marriage 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 similar to the

(36)

5. CONCLUSIONS AND SUGGESTIONS 5.1 Conclusions

Based on the previous description, I will come to conclusion as the

following :

1. Community in Pariaman has some different characteristics and they like

working together based on tradition and religion.

2. The relationship system in Pariaman community is based on mother line

which has kinds of relatives and the names for that kinds of relatives are

different.

3. Islamic law inheritance based on half given to boys.

4. In Pariaman system used a system matrilineal.

5. The boys just get right to keep his sister’s legacy.

6. In the civil law, there are two ways to get heritage that is as heirs under the

provisions of law and as designated in your testament.

7. Heritage is a unique tradition in Pariaman because heritage just for the girls.

8. Heritage in Pariaman has two types of harta pusako tinggi and harta pusako

randah.

5.2 Suggestions

There are some suggestions that I would like to convey. They are

as the following :

1. The heritage should be divided evenly.

2. Importance of men in the division of inheritance.

(37)

4. Division of heritage according to a tradition of mother line in MinangKabau,

and this tradition should be maintained.

5. The tradition of cooperation or working together should be applied in our

(38)

REFERENCES

Subekti. 1995. Pokok-pokok Hukum Perdata. Jakarta: PT. Intermasa.

Ramulyo, Idris. 1994. Perbandingan Pelaksanaan Hukum Kewarisan Islam

dengan Kewarisan Menurut Kitab Undang-Undang Hukum Perdata (BW).

Jakarta. Sinar Grafika Anggota IKAPI.

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