UPAYA KODIFIKASI HUKUM KEWARISAN SECARA BILATERAL DENGAN POLA DIFERENSIASI DALAM MASYARAKAT PLURALIS

Abstract

The currently applicable inheritance law in Indonesia is pluralistic in nature since it is formed collectively by adat, Islamic, and western legal systems; not to mention the diverse custom, ethnicity, and belief. Hence, codification of bilateral inheritance law that could address differences in our inheritance and kinship system is needed. Islamic Inheritance Law is a law that regulates heritage treasure of someone who has passed away and given to the beneficiary.Indonesia has set the Compilation of Islamic Law Islamic law of inheritance, such as heirs and inheritance. In the Compilation of Islamic Law, there are several updates to the law of inheritance that do nothave in the past, suchas the division of the estate for the adoptedchild, the adoptive parents, and non Muslim heirs. It makes the writer feel compelled to study deeper the Islamic law of inheritance in IslamicLaw Compilation by using glasses philosophy of law.Indonesian Inheritance Law uses a school of sociology law. The school ofsociology law is in accordance with the conditions of the community because it takes into account the existing customs in the community