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
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
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)
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 : …………..
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 : ……….
ABSTRACT
ABSTRAK
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
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,
TABLE OF CONTENTS
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
ABSTRACT
ABSTRAK
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
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
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
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 :
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
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
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,
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
• 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
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
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
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
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
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
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
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
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
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
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
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
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
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:
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
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
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
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
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
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
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
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
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,
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
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
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
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
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
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
(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
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
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
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
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
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
