Analisis Kedudukan Cucu sebagai Ahli Waris Pengganti Menurut Hukum Waris Adat Aceh (Patah Titi) dan Kitab Undang-Undang Hukum Perdata

This study examines the differing legal treatment of grandchildren as heirs by representation under Acehnese customary inheritance law, particularly the concept of patah titi, and the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata or KUHPerdata). The issue arises when a grandchild’s parent dies before the decedent, raising questions regarding the grandchild’s entitlement to inherit through the predeceased parent. This study aims to analyze the legal status of grandchildren as heirs by representation under both legal systems. It employs normative legal research using statutory and conceptual approaches. Legal materials are collected through library research and analyzed qualitatively. The findings indicate that, under the practice of patah titi, grandchildren whose parents predecease the decedent do not automatically inherit in place of their parents. Nevertheless, they may receive a portion of the estate through family deliberations, depending on local customary practices and family agreements. By contrast, the Indonesian Civil Code recognizes representation in the direct descending line, allowing grandchildren to assume their predeceased parents’ legal position in inheritance, subject to the applicable statutory requirements. The distinction between these systems concerns the recognition of inheritance by representation and the legal basis upon which grandchildren may claim a share of the estate. Understanding both frameworks is therefore essential to clarifying the legal position of grandchildren in inheritance matters and promoting inheritance settlements that uphold legal certainty and fairness.