Ukuran Keadilan dalam Tradisi Dibagi Roto Semasa Hidup Orang Tua di Kecamatan Sugihwaras Kabupaten Bojonegoro
Year: 2026
Type: article
Abstract: This article examines the criteria of fairness in dibagi roto, a practice of distributing parental assets during the parents’ lifetime in Sugihwaras, Bojonegoro, Indonesia. It uses a qualitative empirical legal approach and thematic analysis of accounts from three informants, alongside Islamic legal literature and Ibn ‘Āshūr’s objectives concerning wealth. The findings identify equal land areas when land quality is comparable, monetary equivalence for heterogeneous assets, purchase or sale arrangements for the family home, and an additional gift to a child who cares for the parents. One informant’s illustration involves assets worth IDR 700 million for two children, yielding a basic allocation of IDR 350 million each. Equal asset values at allocation do not establish equal subsequent benefits. The additional allocation is described as a gift agreed through family deliberation rather than payment for services. The article develops an initial conceptual proposition linking equal basic allocations with recognition of parental care. Its normative assessment requires attention to clear entitlements, protection of each recipient’s interests, and meaningful consent. Purchase arrangements cannot be classified solely from the label of gift without establishing ownership and the sequence of transfers. The findings support documentation of valuations, additional gifts, and compensatory payments, while remaining limited to the practices described by the three informants.
Source: Tasyri.
Authors: Yunus Zamroji, Ribut Suprapto
Institution: Universitas KH. Mukhtar Syafaat
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225795050
FWCI:
Cites:
Cited by:
Related to: