Towards the Unification of Inheritance Law in Indonesia: Challenges and Opportunities in the Context of Religious and Cultural Diversity

Abstract

This research examines inheritance law in Indonesia which is very pluralistic and not uniform, consisting of civil inheritance law regulated in the Burgerlijk Wetboek (WB), customary inheritance law regulated in their respective customary inheritance laws based on the existing kinship system (patrilineal, matrilineal, and parental), and Islamic inheritance law regulated in Islamic law. In heading towards the unification of inheritance law in Indonesia, there are challenges and opportunities that must be faced due to the diversity of religions and cultures that exist in Indonesia. This research uses normative research methods. The subject matter will be studied juridically normative and juridically philosophical with a systemic and comparative juridical approach. The nature of this research is descriptive, namely describing the overall object that is explored and collected systematically. The approaches used in this research are statute approach and conceptual approach. In this research, library materials in the form of secondary data are used as the main source. Secondary data includes primary legal materials, secondary legal materials and tertiary legal materials. These various data can be obtained through literature studies or online data searches. Data collection provides verification, correction, supplementation, and itemization of each other. Will be analyzed qualitatively after being collected. The results of this study, to unify inheritance law in Indonesia can be done by adjusting the elements of the applicable legal order within the framework of the legal system. In each legal system consists of 3 (three) sub-systems, namely legal substance, legal structure, and legal culture. Furthermore, to create opportunities for the unification of inheritance law in Indonesia, the steps that can be taken are studies and research related to the inheritance law system that applies in Indonesia; dialogue and discussion between stakeholders; submitting proposals and discussions at the legislative level to make rules for the unification of inheritance law in Indonesia; conducting socialization and education to the public about the importance of unification of inheritance law; and after the unification of inheritance law is passed, implementation and evaluation of its implementation are carried out.