Customary Inheritance Law Research Articles

Gender Equality in Customary Inheritance Law in Indonesian Court Decisions

Gender Equality in Customary Inheritance Law in Indonesian Court Decisions

Rights and Position of Adopted Children According to KHI and Common LAW

In Indonesia, three inheritance law systems apply namely civil, Islamic, and customary inheritance law. These three legal systems are implemented because there is no national inheritance law that can regulate all Indonesian people. This study aims to explain the position and inheritance rights of adopted children in the view of the Compilation of Islamic Law (KHI) and customary law. This research is descriptive normative legal research. Considering that the object of this study is the issue of the position and inheritance rights of adopted children as seen from Islamic inheritance law and customary law (jurisprudence), this type of research uses a normative juridical approach with a library research pattern. The research results showed that according to KHI, adopted children are not recognized as heirs of their adoptive parents, because the main principle of Islamic inheritance is a blood relationship. Meanwhile, according to Supreme Court jurisprudence, adopted children are equated with biological children and are considered capable of inheriting the assets of their adoptive parents.

Javanese Inheritance Traditions Seen from Islamic Inheritance Law and Inheritance Law

The tradition of inheritance of Javanese people has a peculiarity that combines Islamic values and local customs. Allah Almighty in the Qur'an regulates and explains in detail about the division of inheritance, as in QS: An-Nisa verses 7-12, verses 33 and verse 176. Allah the Just does not neglect and does not neglect the rights of every heir with very clear and perfect rules. God determines the rights of every heir with justice and wisdom. Because wealth is a milestone enforcer of life for both individuals and community groups. This study aims to analyze the inheritance tradition of Javanese society in the perspective of Islamic Inheritance Law and Customary Inheritance Law. The Javanese tradition of inheritance has several main principles, namely: a) Equality: All children are entitled to receive inheritance, both male and female, b) Wisdom: Heirs can give more inheritance to certain children based on certain considerations, such as needs, achievements, or filial piety, c) Deliberation: The distribution of inheritance is carried out by consensus between heirs. The Javanese tradition of inheritance is basically in line with Islamic Inheritance Law, although there are some differences in the technicalities of inheritance distribution. This research uses normative research methods by conducting a positive legal approach to laws and regulations and case studies using qualitative data types. The data sources used are secondary data obtained from sources in the form of official documents, books, journals, the internet and other sources related to this research. This study recommends that socialization and education be carried out to the Javanese people about Islamic Inheritance Law and Customary Inheritance Law to avoid disputes in inheritance.

Ketidakseragaman Pewarisan Dalam Penerapan Hukum Waris Secara Nasional

There are three inheritance law systems in Indonesia that apply, namely inheritance law based on civil inheritance law, Islamic inheritance law and customary inheritance law. To this day, customary inheritance law still has a strong influence and is still applied in various regions in Indonesia even though the majority have adhered to Islam. This shows the complexity of the inheritance law system in Indonesia, which reflects the country's cultural and religious diversity. The differences between these three inheritance laws explain the reason why unification between these three inheritance laws is very difficult or impossible in Indonesia. This also makes it difficult to implement the regulations of The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to eliminate discrimination against women which is still often found in the inheritance law system in Indonesia.

PENERAPAN HUKUM WARIS PERDATA DI INDONESIA

All forms of inheritance, whether in the form of cash, land for rice fields owned by a person are called inheritance. Given to heirs openly or known to the wrong family, there is usually a will when receiving an inheritance with a message from the person giving the inheritance. Not all heirs have full rights to the inheritance, but there is a responsibility to maintain and develop the inheritance obtained according to the testator's wishes. Inheritance is a legacy of assets to heirs. There are three (3) types of application of inheritance law in Indonesia, namely Civil Inheritance Law, Islamic Inheritance Law, and Customary Inheritance Law. In this article the author focuses on the application of civil inheritance law in Indonesia. The method used is normative juridical research, namely a doctrinal method to study the application of rules or norms in positive law. With several approaches, the first is the Legislative Approach. Second, historical approach, third, comparative approach. The results of this discussion provide knowledge to the public that civil inheritance law recognizes 3 (three) principles, namely first, the individual principle (personal principle) where the heir is an individual, secondly the bilateral principle, namely that a person not only inherits from the father but also vice versa. mother, as well as brothers inheriting from their brothers and sisters, the third principle is the principle of degree, meaning that the heir whose rank is close to the heir covers the heir who is further away in rank, so to simplify the calculations, classifications are made heir.

Status and Inheritance Rights of Daha Tua in Balinese Customary Inheritance Law: Study on Balinese Indigenous People in Banjar Dewa Village, Banjar Agung District, Tulang Bawang Regency

Old Daha is an adult woman biologically menstruating, until old age. It is said that Daha Tua if his status does not carry out marriage until the end of reproductive ability. So Old Daha was an adult woman until she died with the status of never married. The situation of Old Daha will be set aside by his family members because it is considered a mere burden, so the issue of Old Daha's inheritance rights arises and the distribution of Old Daha's inheritance rights to his heirs in Banjar Dewa Village, Banjar Agung District, Tulang Bawang Regency. This research is empirical normative legal research, with a descriptive type. The problem approach used is a juridical-sociological approach. The data used are secondary data and primary data. Data collection techniques with literature studies and field studies are interviews. Data analysis is used qualitative data analysis. The results showed that Daha Tua in Banjar Dewa Village was not an heir, however, along with the development of the era, parents assumed that Daha Tua was entitled to receive his parents' property while still paying attention to customary law as a guideline that applies in the Balinese customary inheritance system. The distribution of inheritance rights belonging to Daha Tua to his heirs in Banjar Dewa Village will be inherited to heirs who are related to Purusa by blood, such as his chosen brother or by adopting the nephew of his brother as a legitimate child. These efforts were made to get heirs and shelter in old age.

Inheritance Law: Conceptions of Inheritance According to Minangkabau Customary Law

Minangkabau customary inheritance law has always been a matter of debate. This may be because Minangkabau traditional inheritance law is unique and distinctive compared to traditional inheritance law systems in other regions in Indonesia. As a result, inheritance law is also affected by Minangkabau dualization which originates from the partnership paradigm in Minangkabau marriages. This research uses normative legal research methods. In this research, it was found that according to Minang Kabau Customary Law, the process of inheritance and distribution of inheritance is often influenced by cultural values and norms that exist in Minangkabau society.

Gender Equality in Customary Inheritance Law in Court Decisions in Indonesia

Gender Equality in Customary Inheritance Law in Court Decisions in Indonesia

Inheritance in Balinese Customary Law: Dynamics and Its Linkage With Hindu Law

The inheritance system in Balinese customary inheritance law is known as the kapurusa system. This kapurusa system is patrilineal and is inspired by Hinduism. The issuance of the Decree of Pasamuhan Agung MUDP Bali Province in 2010 was an initial milestone in the change in the mindset of granting inheritance rights to girls and boys who married nyentana or married out with their wives. Therefore, it is necessary to research the dynamics of inheritance according to Balinese customary inheritance law and its relationship with Hindu law regarding inheritance. Using empirical-normative legal research methods, the findings in this research are the development of a shift in thinking that only sons have the right to inherit the gunakaya or wealth of their parents, which has begun to be seen from the existence of financial gifts or bequests which were previously not done by many people. Parents to their daughters or sons who are getting married is illegal, but now it is common practice. The connection between Hindu law and Balinese customary inheritance law in the field of inheritance can be seen from adopting the kapurusa or patrilineal system in Hindu law. However, it still allows daughters to be the principal heirs by being confirmed as sentana jeg or elevated to equal status with sons.

REFORMULASI KEDUDUKAN JANDA CERAI MATI DALAM HUKUM WARIS ADAT BATAK PERSPEKTIF GENDER

The Toba Batak Community's customary law is one of the customary laws that is still alive with a kinship system that follows the father's lineage (patrilineal) which differentiates the position of sons and daughters. This research uses empirical methods. The results of the research explain that the position of widows and daughters in the Toba Batak tribe according to customary law is not as heirs, but based on the Supreme Court decision no. 179K/Sip/1961 Dated 23-10-1961 based on a sense of humanity and general justice, as well as on the nature of equal rights between women and men, the equal position between men and women can be seen in Presidential Instruction No. 9 of 2000 concerning Gender Mainstreaming in National Development. The Position of Divorced Widows in Batak Customary Inheritance Law. Gender Perspective. In the patrilineal kinship system adopted by Batak society, men are placed in a higher position. Societies that adhere to a partial kinship system of women have a very low position, so it is necessary to reformulate the position of women in the field of customary law, by establishing a national customary law of inheritance that is bilateral in nature

Hukum Waris Adat pada Masyarakat Muslim Suku Kaili Perspektif Hukum Waris Islam

This article aims to determine the system used in applying inheritance distribution according to the Muslim community of the Kaili Tribe in West Palu District, as well as to analyze the Kaili Tribe's customary inheritance law in inheritance distribution application and to look at the review from the perspective of Islamic inheritance law. This study employs a qualitative approach and data collection through field research, specifically using primary data resulting from interviews or observations and secondary data in the form of citations, journals, papers, theses, articles, and literature relating to related issues, with the goal of underpinning the theoretical foundation of writing this article. According to the findings of this study, the majority of inheritance distribution to Muslim communities in West Palu District is done by deliberation and consensus using customary inheritance law. Meanwhile, asset distribution is mandated and must occur before or after the testator's death. This is directly related to Islamic inheritance law, which requires inheritance to be distributed to heirs. The determination of heirs in Kaili customary law is still being reviewed from a kinship standpoint. Children, parents, mawali (posambei), widows or widowers who have lived the longest are the primary heirs. This is antithetical to Islamic law's determination of heir distribution.

Analisis Yuridis tentang Hukum Adat Toraja

Legal Implications for Pangngiuran Institutions According to Toraja Customary Law. This study aims to identify and analyze the implementation of pangngiuran according to Toraja customary law and to find out the consequences for heirs in accepting or rejecting pangngiuran institutions in the Toraja customary inheritance law system. This study uses the Historical approach and Pluralism. The results of this study indicate that the existence of the implementation of pangngiuran in Tongkonan development is still running every time the construction is carried out, and the consequences for heirs when refusing the implementation of pangngiuran in Tongkonan development are rice fields that become part and a sign that they are members of the Tongkonan will be in the area. pull back for the heirs to be shared and to be lulled.

Pengaruh Modernisasi Terhadap Hukum Waris Adat Batak Karo

Karo Batak customary inheritance law is based on a patrilineal system which determines that the main heir is the eldest son. However, it should be noted that women also have the right to inheritance in some cases, especially if there are no sons in the family. In general, inherited assets are divided equally between the children and surviving spouse of the deceased, but certain properties such as land or inherited property in particular are more likely to be passed patrilineally to the eldest male child to maintain the continuity of the bloodline. This system also recognizes the important role of ancestors in determining inheritance distribution and has strong customary mechanisms to resolve conflicts that may arise regarding inheritance distribution. Even though it is still recognized and implemented, Karo Batak customary inheritance law has faced several challenges and adaptations with the advent of the modern era. Changing living patterns, urbanization, greater education, and the influence of national laws often influence the way heritage is managed and shared. In many cases, inheritance arrangements may combine elements of customary law with national law to adapt to social changes and the practical needs of modern families. This could have the impact of a more equal distribution between children, without necessarily taking into account gender or birth order, as well as paying more attention to the economic and social needs of family members. Despite this, customary inheritance law practices are still respected and maintained in many Karo Batak communities, often as part of their cultural identity and traditions.

Pembagian Waris Suku Bugis Ditinjau Dari Hukum Adat Dan Hukum Islam

Customary inheritance law is the passing of wealth from the upper generation to their descendants. Inheritance law is based on customary norms, BW, to the Compilation of Islamic Law. The Bugis tribe as adherents of the parental inheritance system still maintain the customary distribution of inheritance Over time and along with the entry of Islam, the Bugis tribe began to use Islamic law as a way out to fulfill the obligations of heirs.

Pelaksanaan Yurisprudensi Hukum Waris Adat Masyarakat di Indonesia

Inheritance law contains regulations that include the need to understand the dynamics and challenges in the property inheritance system, involving legal, cultural and social aspects. Jurisprudence reflects efforts to maintain a balance between local wisdom, justice and legal certainty in the inheritance of traditional property. This research uses a normative juridical method with a case approach, analyzing court decisions that have permanent legal force. Although the patrilineal customary inheritance system still applies in several regions of Indonesia, the view that customary inheritance law is irrelevant reflects the complexity of social and legal transformation. Although there are arguments that customary inheritance law does not always comply with justice and changing times, some judges in Indonesia still use jurisprudence or other inheritance laws in their decisions.

Status Pewarisan Transeksusal dalam Perspektif Hukum Waris Adat Kecamatan Labuhan Haji Kabupaten Aceh Selatan

Law is a regulation that regulates and enforces society, containing regulations or prohibitions on actions within a state order established by authorized institutions. Basically, law is formed because of an event, meaning that law follows changes in society. Indonesia is a country based on Pancasila, which has very diverse ethnicities, religions and races. This is what causes Indonesia to have diverse customs, which means that customary law in Indonesia has diversity. Customary inheritance law in Indonesia has three inheritance distribution systems, namely patrilineal customary inheritance, matrilineal customary inheritance, and parental customary inheritance. Patrilineal traditional inheritance is inheritance drawn from the father's lineage, traditional matrilineal inheritance is inheritance drawn from the mother's lineage, and parental inheritance is inheritance drawn from the second lineage.

Pemanfaatan Sawah Warisan Secara Bergilir Menurut Hukum Islam dan Hukum Adat

The use of inherited rice fields in rotation is in accordance with customary inheritance law and article 189 KHI, namely using collective principles. This is not in accordance with the individual principle in Islamic inheritance law. One reason is that in the collective system there is a delay in the distribution of inherited assets. This has the potential to cause conflict. The formulation of the problem in this research is how to implement the use of heritage rice fields in rotation among the Mayapati Village community. The aim of the research is to examine through Islamic law and customary law the rotational use of inherited rice fields in the Mayapati Village community. The type of research is field research with data collection through interviews, observation and documentation. This research is also normative legal research with a qualitative approach, namely data obtained through library materials such as books, documents or statutory regulations related to the problems that occur. Descriptive in nature, that is, the problem is formulated according to the facts that occurred. According to customary law, inherited rice fields are used in rotation according to a collective system. According to the view of Islamic law, inheritance should be divided based on the parts regulated in the text. Referring to the Compilation of Islamic Law, the rotational use of inherited rice fields which is in accordance with Islamic Law is only inherited collectively, in accordance with property rights in Islamic law, namely ownership for the benefit only or haqqul intifa', while the rotational use of rice fields is not in accordance with work regulations. with muzara'ah.

Reexamination of the Concept of Justice in the Inheritance System: A Study on Women's Inheritance in the Traditional Society of Bali in Lombok, West Nusa Tenggara, Indonesia.

The Hindu inheritance law allows for the possibility of inheritance for female children, though with a reduced share. Interpretations of religious norms are often disregarded in customary legal systems with the argument that Hinduism does not endorse double obligations. The customary inheritance law used by the Hindu community in Lombok, Indonesia, is based on Hindu inheritance laws interpreted according to local customs or village traditions. Different interpretations in each region regarding women's inheritance rights worsen the fulfillment of women's inheritance rights. Therefore, in line with the evolution of jurisprudence towards the fulfillment of women's inheritance rights, such as the shift from patrilineal to parental principles in Islamic inheritance, this study proposes the reexamination of the justice principle in Hindu inheritance law practiced by the Balinese indigenous people in Lombok. This reexamination should consider their unique characteristics and distinguish them from the Hindu community in Bali. As a basis for protecting women's rights in Hindu inheritance law, this becomes crucial for inclusion in a national legal framework.

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

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.

Menilik Kedudukan Hukum Waris Adat dalam Perspektif Hierarki Peraturan Perundang-undangan di Indonesia

Inheritance is part of civil law which is a vital part of family law. Inheritance conflicts still often occur in society. Indonesia consists of many tribes, customs and cultures, giving rise to a diversity of habits in living life. The habits of these groups of people become different points of view in determining legal standards in meeting all the needs of citizens. The kinship system has a major influence on inheritance from customary inheritance law. The kinship system is drawn along three lines, namely patrilineal, matrilineal and parental kinship. The hierarchy of statutory regulations is an order that determines the priority of use of existing legal regulations, the application of which varies from higher rules to lower rules. The research uses normative juridical methods which are carried out using three research materials. Primary materials are in the form of laws, secondary materials are books or journals, and tertiary materials are dictionaries or encyclopedias. Recognition of the existence of indigenous peoples in Indonesia is guaranteed in the constitution in Article 18B Paragraph (2). Customary law is not formally accommodated in Law Number 12 of 2011 but its application is the same as other statutory regulations which have binding legal force. Indonesia itself does not yet have a national inheritance law. Settlement of customary inheritance disputes in Indonesia is carried out by means of consensus resolution, resolution through customary institutions, and also resolution through the courts.