Abstract

Indonesia implements civil law system. There are three sub legal systems which are implemented until today. They are: positive/national law system, Islamic law system, and Adat law system. The majority of Indonesians are Islamic believers. The people claim that they are a religious nation. However, the implementation of the inheritance law in accordance with the Islamic law and the Adat law is sometimes different. One of the ethnic groups which has different regulation in heritance is Minangkabau. Minangkabau inheritance adat law has been a controversy. It is because while they claim that all Minangkabau people are Islam, they implement an inheritance law that is said as violating the Islamic inheritance law. In Islam, inheritance is passed down to children, both daughter(s) and son(s) with the composition son(s) inherits two parts compared to daugther(s). Many people mislead that the Minangkabau inheritance law passes down the inheritance to daughter(s) only. This paper discusses: 1) how are inheritance matter regulated in each of the aforementioned sub legal system? 2) how is inheritance matter regulated in Minangkabau ethnic group?
 

Highlights

  • Indonesian legal system is formed by several sub-system of laws, namely: religious/Islamic law, adat law and national law

  • Religious/Islamic law and adat law which are incorporated into the national legal system are the principles of the law; while the law inherited from the Dutch is a structure which is incorporated into the national law

  • The national law is made by the government and applied to all, there are some codes which are established by the Dutch are still implemented

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Summary

Background

The national law is made by the government and applied to all, there are some codes which are established by the Dutch are still implemented.. That spirit and way of live influence tradition and adat law in each ethnic group. Dutch colonialism covered the archipelago, colonizing more than 300 ethnic groups. Those hundreds of ethnic groups which are part of the Indonesian nation today. With so many number of the ethnic groups, Indonesia becomes a country with very diversity of people who have their own Adat laws. This is a challenge for the government and

The Codes are
Colonialism era
Adat Law of Minangkabau Ethnic Group in Regards of Inheritance
Findings
Conclusion
Full Text
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