Implikasi Hukum Kewarisan terhadap Ahli Waris Yang Lahir Dari Perkawinan Berbeda Agama

Abstract

Law of inheritance in Indonesia up to now in a plurality, consisting of Islamic inheritance law, western inheritance law in the Civil Code and customary inheritance law. The plurality will have implications for various things. Religious differences are seen to be a factor preventing a child from obtaining inheritance rights from parents. In Islamic law, children from different religions and their parents will prevent from receiving inheritance, not in line with civil law that one barrier to receiving inheritance is religious different. This study analyzing the legal implications of the implementation of interfaith marriage for the heirs and how the legal protection of the rights of heirs born from interfaith marriages. The research methodology that the uses is normative by conducting analysis. The settlement of the issue children born from different religions of each party is subject to different laws based on religious law or customary law. There are similarities and differences in the implications of the provisions of Article 832 of the Civil Code and Article 171 of the Compilation of Islamic Law. However, protection for children born of different religions can obtain asset from their parents through grants, wills and gifts with the principle of justice.