The Substantive Rights of Heirs and Administrative Barriers in Indonesian Banking Practices

An owner of property has the right to make grants to anyone, including his children, provided that the grant does not reduce the inheritance rights of other heirs. Grants that are given with the right conditions and fulfilled pillars are valid in law. However, there are restrictions in Islamic law regarding the granting of grants to heirs. This research aims to analyze the rights of heirs to grants and the limits of granting grants in Islamic law, Customary Law, and the Civil Code (BW), especially related to the protection of the rights of heirs. This research uses the literature study method by analyzing relevant legal sources, such as Islamic Law, Customary Law, and BW, to understand the provisions on grants and the division of inheritance. Grants given to heirs do not reduce their inheritance rights, as long as the grant does not exceed the stipulated limit, which is a maximum of 1/3 of the grantor's assets. This aims to protect the rights of heirs who could potentially be harmed by excessive grants. In addition, the principle of justice must be applied when grants are given to children or other heirs, to avoid imbalances in the distribution of inheritance. The maximum grant restrictions in Islamic Law, Customary Law, and BW aim to maintain the balance of heirs' rights and prevent harm to them. Although grants can strengthen relationships, it is important to comply with the legal limits to ensure that the rights of the heirs are not compromised. The existence of such restrictions also demonstrates the need for caution in making grants, especially when the grantor passes away and the distribution of the inheritance must be done.

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.

Substitute heirs are a form of renewal of Islamic law in Indonesia which is then sublimated in the statutory regulations contained in the Compilation of Islamic Law (KHI). The granting of inheritance rights to substitute heirs is the result of ijtihad which is influenced by the sociological conditions of Indonesian society which also has three inheritance law systems, namely civil inheritance BW, Islamic inheritance and customary inheritance. The concept of inheritance in Indonesia at the practical level influences each other considering that the three inheritance models are applied in Indonesia. This research will reveal the concept of inheritance of substitute heirs contained in KHI which is different from the concept of inheritance contained in fiqh books whose designation has been explained in detail qath’i in the text. This type of research is descriptive qualitative based on literature research with analysts data through a descriptive critical analysis approach resulting in a responsive understanding of Islamic inheritance law. This study concludes that the granting of inheritance rights to substitute heirs is a form of modernization of inheritance law in Indonesia by considering the benefit side but creates several legal consequences by making Islamic inheritance law a law that is zanni dilalah so that it can be ijtihad, causing legal uncertainty and undermining the legal order of Islamic inheritance which is the consensus of the ulama. Keywords: Substitute heirs, Islamic inheritance law, KHI Substitute heirs are a form of renewal of Islamic law in Indonesia which is then sublimated in the statutory regulations contained in the Compilation of Islamic Law (KHI). The granting of inheritance rights to substitute heirs is the result of ijtihad which is influenced by the sociological conditions of Indonesian society which also has three inheritance law systems, namely civil inheritance BW, Islamic inheritance and customary inheritance. The concept of inheritance in Indonesia at the practical level influences each other considering that the three inheritance models are applied in Indonesia. This research will reveal the concept of inheritance of substitute heirs contained in KHI which is different from the concept of inheritance contained in fiqh books whose designation has been explained in detail qath’i in the text. This type of research is descriptive qualitative based on literature research with analysts data through a descriptive critical analysis approach resulting in a responsive understanding of Islamic inheritance law. This study concludes that the granting of inheritance rights to substitute heirs is a form of modernization of inheritance law in Indonesia by considering the benefit side but creates several legal consequences by making Islamic inheritance law a law that is zanni dilalah so that it can be ijtihad, causing legal uncertainty and undermining the legal order of Islamic inheritance which is the consensus of the ulama. Keywords: Substitute heirs, Islamic inheritance law, KHI

The pluralism of inheritance law in Indonesia, encompassing customary law, Islamic law, and the Civil Code, reflects the country’s cultural, religious, and legal diversity. Despite accommodating such diversity, overlapping norms, divergent distribution principles, gender biases, and legal uncertainty remain significant challenges. Limited integrated comparative studies that analyze these three inheritance systems, considering gender and local cultural values, constitute a research gap. This study aims to: (1) conduct a normative-comparative analysis of principles, norms, and inheritance distribution mechanisms across the three legal regimes; (2) evaluate the implications of pluralism for equal rights, legal certainty, and potential disputes through statutory regulations, court decisions, and academic literature; and (3) propose a harmonization model that is inclusive, culturally sensitive, and grounded in substantive justice and gender equality. The study analyzes legislation, documented customary law, and relevant court decisions using a normative juridical and comparative approach. Theoretical frameworks include Legal Pluralism (Griffiths), Substantive Justice (Rawls), and Legal Harmonization (Otto). Findings indicate that, without harmonization, pluralism exacerbates legal uncertainty and gender inequality. A model based on local values and gender equality effectively reduces disputes and strengthens legal certainty, implying the need for national policies with technical guidelines for inclusive, culturally sensitive inheritance law harmonization that safeguards all citizens’ rights. Keywords: Civil System, Customary System, Inheritance Law, Islamic System The pluralism of inheritance law in Indonesia, encompassing customary law, Islamic law, and the Civil Code, reflects the country’s cultural, religious, and legal diversity. Despite accommodating such diversity, overlapping norms, divergent distribution principles, gender biases, and legal uncertainty remain significant challenges. Limited integrated comparative studies that analyze these three inheritance systems, considering gender and local cultural values, constitute a research gap. This study aims to: (1) conduct a normative-comparative analysis of principles, norms, and inheritance distribution mechanisms across the three legal regimes; (2) evaluate the implications of pluralism for equal rights, legal certainty, and potential disputes through statutory regulations, court decisions, and academic literature; and (3) propose a harmonization model that is inclusive, culturally sensitive, and grounded in substantive justice and gender equality. The study analyzes legislation, documented customary law, and relevant court decisions using a normative juridical and comparative approach. Theoretical frameworks include Legal Pluralism (Griffiths), Substantive Justice (Rawls), and Legal Harmonization (Otto). Findings indicate that, without harmonization, pluralism exacerbates legal uncertainty and gender inequality. A model based on local values and gender equality effectively reduces disputes and strengthens legal certainty, implying the need for national policies with technical guidelines for inclusive, culturally sensitive inheritance law harmonization that safeguards all citizens’ rights. Keywords: Civil System, Customary System, Inheritance Law, Islamic System

In Indonesia, the inheritance law system is divided into civil, Islamic, and customary law. In the context of inheritance rights transfer, the diversity of legal systems that include civil inheritance law, Islamic law, and inheritance law creates its own challenges that can trigger conflicts among heirs. This article discusses the legal certainty of pluralism in inheritance law in Indonesia from these three aspects, as well as the procedures for transferring rights to inheritance in accordance with the applicable legal system. The article aims to provide a comprehensive understanding of the complexities involved in the legal processes surrounding inheritance. The research emphasizes the need for legal certainty and clearer guidelines to protect heir's rights while advocating for strategies such as clear wills and mediation to mitigate conflicts. Furthermore, it offers practical policy recommendations aimed at harmonizing inheritance laws and fosters a more equitable legal environment that respects Indonesia's cultural diversity.

The purpose of this study is to analyze and explain the role of a notary in solving inheritance rights problems. To analyze and explain the constraints and solutions to the role of a notary in solving inheritance rights problems.The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive analytical.The sources and types of data in this study are primary data obtained from field studies with interviews. And secondary data obtained from literature studies related to the theory of justice and legal certainty. Based on the results of the study thatThe Role of Notaries in Settlement of Inheritance Rights Issues namely providing legal counseling, making the Deed of Separation and Distribution of Inheritance, namely: First, the Stage of Making the Deed of Declaration of Inheritance; Second, the Stage of Making SKHW; Third, the stages of making the deed of separation and distribution of inheritance. The solution is to have more control over inheritance law, whether civil, religious or customary. This is because inheritance law is one part of civil law as a whole and is the smallest part of family law which is closely related to the scope of human life. More professional in carrying out their duties. In this case, to guarantee certainty, order, and legal protection, authentic written evidence is needed regarding legal conditions, events, or actions carried out through certain positions.

The purpose of this study is to analyze and explain the role of a notary in solving inheritance rights problems. To analyze and explain the constraints and solutions to the role of a notary in solving inheritance rights problems. The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained from field studies with interviews. And secondary data obtained from literature studies related to the theory of justice and legal certainty. Based on the results of the study that The Role of Notaries in Settlement of Inheritance Rights Issues namely providing legal counseling, making the Deed of Separation and Distribution of Inheritance, namely: First, the Stage of Making the Deed of Declaration of Inheritance; Second, the Stage of Making SKHW; Third, the stages of making the deed of separation and distribution of inheritance. The solution is to have more control over inheritance law, whether civil, religious or customary. This is because inheritance law is one part of civil law as a whole and is the smallest part of family law which is closely related to the scope of human life. More professional in carrying out their duties. In this case, to guarantee certainty, order, and legal protection, authentic written evidence is needed regarding legal conditions, events, or actions carried out through certain positions.

The purpose of this study is to analyze and explain the role of a notary in solving inheritance rights problems. To analyze and explain the constraints and solutions to the role of a notary in solving inheritance rights problems. The method used by the researcher is Sociological Jurisdiction and specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained from field studies with interviews. And secondary data obtained from literature studies related to the theory of justice and legal certainty. Based on the results of the study that The Role of Notaries in Settlement of Inheritance Rights Issues namely providing legal counseling, making the Deed of Separation and Distribution of Inheritance, namely: First, the Stage of Making the Deed of Declaration of Inheritance; Second, the Stage of Making SKHW; Third, the stages of making the deed of separation and distribution of inheritance. The solution is to have more control over inheritance law, whether civil, religious or customary. This is because inheritance law is one part of civil law as a whole and is the smallest part of family law which is closely related to the scope of human life. More professional in carrying out their duties. In this case, to guarantee certainty, order, and legal protection, authentic written evidence is needed regarding legal conditions, events, or actions carried out through certain positions.

Inheritance law is a law that regulates the transfer of assets left by a deceased person and its consequences for his heirs. Inheritance law is one element of customary law in Indonesia. The patrilineal principle, in which inheritance prioritizes the male lineage, is upheld in Batak inheritance law. According to Batak customary law, men and women are treated differently. The type of research is normative juridical. The data source is a secondary data source. The nature of the research is descriptive analytical. Data collection techniques are literature studies and document studies. Data analysis uses a qualitative approach method. The purpose of this study is to determine the influence of the Batak customary law system as a source of inheritance law in Indonesia, and to determine the implementation of Batak customary law on inheritance law in Indonesia. The inheritance system in Batak society adheres to the Patrilineal Principle. In this principle, the position and influence of men in Batak customary inheritance law are very strong. According to civil law, inheritance is defined as a set of legal provisions that regulate the general legal consequences in the field of property law arising from a person's death. Based on this theory, it can be concluded that the position of Batak boys and girls in the inheritance distribution system and the application of customary law in the distribution of inheritance for boys and girls is in harmony. The Batak Toba customary inheritance law is the basis for the distribution of inheritance in its unique society. Its teachings that include inheritance flowing through the male line are cassation and dakdanak. According to the Batak Toba inheritance law, this uniqueness gives the status of first heir to the eldest son of the family, thus giving him his own identity. The customary inheritance law system in Indonesia generally tends to follow positive legal norms, although the principle of dakdanak emphasizes more on justice in the distribution of inheritance. However, when the legislation on Batak Toba customary inheritance is included in the framework of affirmative legislation, the situation becomes complicated. The principles of positive law that respect women's inheritance rights, especially those related to inheritance of movable property, conflict with the Batak Toba customary law system which automatically inherits property to sons from the paternal line. Positive law attempts to take this understanding into account, but there are still potential problems due to the fundamental differences between the two legal systems that must be resolved.

This study aims to analyze the judge’s considerations in making decisions on cases of transfer of rights to inherited land without the consent of the legitimate heirs and to analyze legal protection for the parties in Court Decision Number 84 / Pdt.G / 2024 / PN.Mtr. The research method used is normative legal research, using a legislative approach, a conceptual approach and a legal approach. The results of the study can be concluded that the judge’s considerations in Decision Number 84/Pdt.G/2024/PN.Mtr are based on the Jurisprudence of Supreme Court Decision No. 34K/Sip/1960, dated February 3, 1960. Protection of rights is not only in the law in the book’s but also based on law in action by paying attention to legal facts and empirical facts. And legal protection regarding the rights of heirs, both preventive protection and repressive protection, are based on statutory regulations concerning inheritance rights as stated in Article 833 Paragraph (1), Article 834, Article 1365 of the Civil Code, which are the basis for filing a lawsuit who have not be able to fully guarantee the rights of heirs and the court decision in Decision Number 84/Pdt.G/2024/ PN.Mtr.

The main issue in Indonesia's national inheritance law system lies in the lack of recognition of adopted children as legitimate heirs in the absence of a will, as stipulated in Article 832 of the Indonesian Civil Code (KUHPerdata), which limits inheritance rights exclusively to blood relatives. This provision creates significant inequality and discrimination against adopted children, as they are legally excluded from inheritance rights unless granted through a testamentary gift a mechanism that is limited in amount and not automatically applied. This study aims to examine the urgency of reconstructing the national inheritance law system to ensure equal legal protection for adopted children. The research employs a normative legal method, using both normative juridical and conceptual approaches. The findings reveal a legal vacuum (rechtsvacuum) and a juridical gap between existing positive legal norms and the principles of human rights and child protection. The current national inheritance system fails to provide adequate legal recognition of adopted children as part of the family in the context of inheritance. Therefore, a reconstruction of the national inheritance law is necessary one that incorporates the principles of caregiving and child welfare as the basis for recognizing family relationships, rather than relying solely on biological ties. Strategic approaches may include the addition of new norms to the Civil Code or the enactment of a National Inheritance Law that explicitly acknowledges the inheritance rights of adopted children. In addition, such inheritance law reform must be supported by strengthening protective mechanisms through the judicial system and social institutions, ensuring that adopted children can obtain legal certainty, substantive justice, and equal treatment before the law.

The paper analyzes the importance of reproductive technologies as to inheritance law, examines the conditions for the exercise of the rights of heirs by law or will to reproductive material after the death of the person who provided it, as well as issues related to the establishment of the fact of the child’s descent from specific persons. The author notes that these problems are more regulated in common law countries, the judicial practice of which has gradually developed the doctrine-supported concept of the possibility of disposing of biomaterials in case of death and posthumous conception of a child as the basis for establishing its origin and recognizing its inheritance rights. The issues raised are widely discussed in modern doctrine, but the current legislation does not contain any relevant instructions, and the conservative approach to their solution still dominates in Russian judicial practice. Based on the study of the most significant opinions of foreign courts, the author makes a conclusion about the expediency of creatively borrowing the most successful of them in the further development of Russian inheritance law and the need to transfer to the legal field solutions to complex ethical problems associated with the birth of posthumous offspring. In order to expand the testamentary capacity of Russian citizens and taking into account the possibilities of modern assisted reproductive technologies, it is proposed to allow the transfer of the reproductive biological material of the deceased person to the surviving spouse or parents, to consolidate the right of citizens to dispose of such material in a will and to provide for the possibility of including living children born within 3 years after the death of the testator among the heirs.

The issue of citizenship is an important issue, especially when it relates to the inheritance rights of people who have changed citizenship to become foreigners. This research aims to examine the legal rules for inheritance rights for children with foreign citizenship who become heirs to the inheritance of Indonesian citizen heirs in the form of land rights, as well as the legal implications of inheritance rights for heirs with foreign citizenship. The legal research method uses doctrinal research methods with statutory regulations and legal writings as legal material. Data analysis uses qualitative. The results of this research are: first, inheritance law in Indonesia in principle regulates that all heirs are entitled to an equal share of inheritance, without distinguishing between the gender or nationality of the heirs, but rather based on blood and marriage relations. So even though the heir is a foreign citizen (WNA), the heir still has the right to receive an inheritance from an heir who is an Indonesian citizen (WNI). However, if the heir's inheritance is in the form of land rights with ownership rights linked to the principle of nationality, then based on Article 21 paragraph (3) UUPA, foreigners who obtain rights to land with ownership rights due to inheritance are required to release these rights to other parties in a period of 1 (one) year, otherwise the right to the land will be forfeited and transferred to the State. Second, the legal implications for inheritance rights for heirs who are foreign citizens if the heir's inheritance is in the form of land rights, that is, if the land rights have the status of Ownership Rights, then the heirs are still entitled to their inheritance rights, but because foreigners cannot have rights property, heirs who are foreign citizens must reduce their rights to land certificates in accordance with the UUPA, namely to use rights, or sell the land so that they get cash from the sale in order to continue receiving their rights as heirs.

This study aims to analyse the legal position of transgender inheritance in the inheritance system in Indonesia concerning customary law, the Compilation of Islamic Law, and applicable civil law. This study uses a normative legal method with a regulatory-legislative approach and a contextual approach. The data sources used include relevant laws and regulations, Islamic legal doctrines, and court decisions related to transgender inheritance cases in Indonesia. The analysis examined the relationship between applicable legal provisions and legal practices in society. The novelty of this study lies in a comprehensive analysis of the position of transgender people in Indonesian inheritance law and the identification of alternative solutions outside the conventional inheritance system. The results of this study reveal that although Islamic law does not recognise gender change about inheritance status, there is no explicit prohibition in the KHI regarding the distribution of inheritance to transgender people. Therefore, mechanisms such as grants, agreements, and wills are legal alternatives that can be used to provide part of the property to transgender people in a family. The results of the study indicate that in the legal system in Indonesia, transgender people do not have specifically recognised inheritance rights. However, legal provisions allow the use of other instruments such as grants and wills to provide property to transgenders without violating the principles of Islamic law or positive law. The study concluded that although there are no explicit regulations regarding inheritance rights for transgender individuals, alternative mechanisms in Indonesian inheritance law can be used to ensure justice for all parties. Therefore, more inclusive legal policies are needed so that this issue can be adequately accommodated in the national legal system.

The heirs whose whereabouts cannot be determined are the heirs who have lost the news, so it is not known whether he is alive or dead. These are usually called missing persons. However, in fact, a lot of heirs ignore the inheritance rights of an heir whose existence cannot be determined. Based on this background, this research was conducted with the aim of elaborating the arrangement of inheritance rights for heirs whose existence cannot be determined and the legal consequences for heirs whose existence is known after the inheritance is divided. This study used a normative legal research method with a statutory and conceptual approach. The results of this study showed that the existence of inheritance rights for heirs that cannot be determined is regulated in Article 463 of the Civil Code. The inheritance rights of heirs whose existence cannot be determined remain attached to it in accordance with the provisions of Article 467 of the Civil Code. However, as long as the whereabouts of the heir are not known, the position will be replaced by the successor heirs. Furthermore, as a legal consequence after an heir is known to exist, the replacement heir is obliged to return all the inherited assets received under the provisions of Article 482 paragraph (1) of the Civil Code.