Inheritance Law In Indonesia Research Articles

Islam, State, and Local Wisdom: An Examination of Widowhood Inheritance Law in Indonesia

This article highlights the urgency of applying the common property distribution approach prior to the distribution of inheritance in the Indonesian context, which is influenced by local wisdom practices. This research aims to emphasize the rights of wives as widows over joint property through the application of the Compilation of Islamic Law (KHI), so that widows can obtain a fairer share before the distribution of their inheritance rights in accordance with the principles of fiqh. The method used in this research is a normative-juridical approach, with document analysis of legal regulations and their application in the context of local wisdom in Indonesia. The findings show that the distribution of joint property, before the distribution of inheritance, is very important to protect the rights of women who are often marginalized in a society that prioritizes the tradition of male lineage. The affirmation of giving half of the joint property to the widow at the beginning of the distribution before the widow receives her inheritance rights can be equated with shirkah that in the context of marriage the wife also contributes to the collection of property. The discussion in this study emphasizes that the integration of fiqh principles and KHI provisions in the distribution of inheritance, by first recognizing the widow's right to joint property, then the widow receives her inheritance rights after the joint property is distributed, this form of model not only ensures that the widow receives a fair share, but also strengthens the position of women in inheritance issues for the welfare of her family.

Pengaruh Hukum Adat Batak Sebagai Sumber dalam Hukum Waris di Indonesia

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.

Legislative Legal Politics of Inheritance Law in Indonesia

This article is the result of research on the legal politics of inheritance law legislation in Indonesia. This study employs normative research methods, focusing on literature review and legal documents to understand the principles and regulations in force. Through the approach of case analysis, legislative analysis, and an examination of legal politics in Indonesia, the research delves into the relevant aspects. Data analysis was used to identify and understand legal norms related to inheritance distribution within the systems of customary law, Islamic law, and civil law in Indonesia. The research findings indicate that there are still many cases of inheritance disputes in Indonesia due to the ongoing discrepancies between Islamic law and customary law, civil law and Islamic law, as well as customary law and Islamic law, which leads to conflict. This can be observed through the increasing number of cases submitted regarding inheritance disputes, whether in religious courts, district courts, or handled through customary law mechanisms in Indonesia each year. However, civil law can be considered an alternative in addressing inheritance law issues in Indonesia. This is evident in the civil inheritance distribution system, which is considered fair, without discrimination between men and women

The Influence of Positivism and Empirism in The Enforcement of Islamic Inheritance Law in Indonesia

Positivism and empiricism are modern paradigms become the basic guidelines for the schools of legal philosophy, namely legal positivism and legal realism. However, the current condition in Indonesia is dominated by the paradigm of legal positivism so that everything must be by written law. The practice of inheritance division that is always based on the concept of 2:1 as in the Compilation of Islamic Law is felt to be incompatible with community justice. The purpose of this research is to enrich the study of the positivism and empiricism paradigms as a renewal of Islamic inheritance law in Indonesia. The benefit of this research is to inform that the integration of positivism and empiricism in law will produce competent law enforcement. This research is a normative research with a conceptual approach and data sources in the form of literature and data analysis techniques, namely evaluation. The results of this research are; (1) The factor that causes judges in Indonesia to use the judicial restraint approach excessively as a characteristic of legal positivism is the legal culture of the application of the civil law legal system. (2) The solution to the problem offered is to borrow Fazlur Rahman's double movement theory, namely historical contextualisation by taking universal values from the norm. Therefore, it is time for judges to be free to move to realize moral justice within the limits set by the Constitution and the Law on Judicial Power.

Sociological Dimensions of the Application of Islamic Inheritance in Indonesia

Differences in place and time, shifting conditions and situations, and societal changes cannot be avoided. However, there is a view that Islamic inheritance law is specific and fixed so that it cannot be modified. This study examines the application of inheritance law using the perspective of double movement theory by looking at the sociological dimensions that developed in Indonesia. This research is a sociological, legal research using qualitative data. The approach used in this research is socio-historical, intended to determine generalizations based on specific historical facts related to the application of Islamic inheritance law. The collected data is identified and verified, then analyzed using Fazlur Rahman's double movement theory. The results showed that based on moral ideals generalized based on double movement theory, it was found that justice and benefit became the primary reference in the application of Islamic inheritance law in Indonesia. Islamic inheritance law can flexibly adjust Indonesian society's environmental and social conditions. This research presents a methodological framework for a more adaptive and flexible application of Islamic inheritance law in line with Indonesia's diverse cultural landscape and evolving social norms.

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.

Juridical Study of Inheritance Rights for Children of Foreign Citizens who Become Heirs of the Inheritance of Indonesian Citizenship Heirs in the Form of Land Rights

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.

Problematika Persamaan Hak Dalam Waris dan RAD

Islamic inheritance law is a provision for the transfer of property from a deceased person to the person left behind. Islamic inheritance law in Indonesia has been regulated in KHI in accordance with Presidential Instruction Number 1 of 1991. The purpose of this study aims to determine the position and fair rights attached to both male and female heirs in receiving inheritance, especially in cases of kalalah and radd. The method used in this research is normative juridical, namely by conducting searches of library materials, laws and other literature. Kalalah is a person who dies without leaving a father and children. Debate arises regarding the determination of the meaning of walad which is a requirement for siblings to obtain inheritance. KHI in article 182 seems to globalize the word walad. KHI takes the opinion of Ibn Abbas ra. that the word walad includes boys and girls in order to create gender justice. The radd is the excess of inheritance after being distributed to the heirs and there are no 'asabah heirs. In this radd issue, KHI follows the opinion of Uthman bin Affan that the excess is returned to all heirs as stated in article 193.

Contextualizing Islamic Inheritance Law in Indonesia: Addressing Negative Stigma

Islamic inheritance law is stigmatized due to its rigidity and conservativity. The rigidity and conservatism of Islamic inheritance can be seen in the view that Islamic inheritance rules cannot be changed or modified. In addition, the assumption of Islamic inheritance rules does not consider the social developments that occur over time. This research aims to explore how Islamic inheritance law is applied in Indonesia and how contextualization is carried out in response to existing stigma. This research employs a qualitative study with a normative juridical approach. The research data is derived from documents and texts on Islamic inheritance law and concrete cases of contextualization of Islamic inheritance law in Indonesia in different situations and contexts. The data are analyzed using descriptive interpretative techniques with the application of Amina Wadud's hermeneutics of tauhid. The research findings indicate that Islamic inheritance law in Indonesia has undergone contextualization, thus negating the negative stigma attached to Islamic inheritance. Contextualization is achieved by understanding and advocating Islamic inheritance law in the Indonesian context, reconstructing the basic concepts of Islamic inheritance law according to the Indonesian context, and promoting the resolution of inheritance conflicts through consultation and mediation. This research offers a model of inheritance division applied in Indonesia that is contextual and flexible based on Amina Wadud's hermeneutics of tauhid.

HUKUM WARIS ISLAM DAN PLURALISME HUKUM

Islamic Inheritance Law is a law that regulates the inheritance of the property of someone who has died given to the rightful, such as family and community who are more entitled or can be interpreted as a law that regulates the transfer of something from someone to someone else in the form of property and knowledge and honor. The provisions that have been outlined by Allah swt are listed in the Qur'an including Surah An-Nisa verse 7, 11, 12 with the existence of this inheritance law coupled with rules explaining the implementation of the Rasullah SAW, then all aspects of its implementation have legal rules. A person who is Muslim is strongly encouraged to divide the inheritance in accordance with what has been revealed in the Qur'an and guided by the Prophet in the hadith. The pluralism of inheritance law in Indonesia was influenced by the receptie theory during the Dutch era. Where until now inheritance law is still pluralistic, there are at least three legal systems that live and develop and are recognized, namely the Customary Law system, the Islamic Law system and the Western Law system. The significant difference that can be seen is that in the system of property distribution in customary law, it can be done before the owner of the property dies. Meanwhile, Islamic law and civil law require death in terms of the division of inheritance.

Penyelesaian Sengketa Kewarisan Menurut Peraturan Perundang-Undangan Di Indonesia

Inheritance occurs when the owner of the asset dies and there is a process to determine how the asset will be distributed or transferred to heirs or other legal parties. The inheritance process is often governed by inheritance laws which can vary between countries, regions, or cultures. Inheritance law determines who has rights to inherited assets, in what proportion, and under what conditions. This can include direct heirs such as children, wives, husbands, or more distant heirs such as grandchildren, parents, siblings, and so on. Inheritance law in Indonesia is based on a mixed legal system that combines elements of customary law and civil law. In 1987, the Indonesian government passed Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, which regulates land and inheritance issues. Then, in 2010, Law Number 12 of 2011 concerning the Establishment of Legislation concerning Inheritance in Indonesia was issued to further open up inheritance law in this country. The aim of this research is to explain the settlement of inheritance according to laws and regulations in Indonesia. This research uses descriptive research, namely research that describes or explains the problems discussed using a juridical-empirical approach. The results in this research Law Number 12 of 2011 were used to form further legislative regulations regarding inheritance in Indonesia. This provides a legal basis for regulating inheritance law in that country. This law regulates all aspects related to inheritance, including procedures, distribution rules, and all related matters which include the rights and obligations of heirs. The role of notaries in resolving inheritance in Indonesia is that notaries often act as custodians of legal documents, including inheritance deeds, wills and other related documents. This ensures the security of the document and makes it easy to access if needed in the future.

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.

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.

Legal Reconstruction of Notary Role in the Making of a will without Heir Appointment Based on Justice Value

The aim of this research is to analyze and reconstruct the regulations on the role of Notaries in making will deeds without appointing an heir of the will in the midst of a pluralistic inheritance system in Indonesia using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. Research Result shows that the weakness started from the kinship system in marriage in Indonesia which is the parental or bilateral kinship system where a child legally inherits from his father's and mother's lineage, the matrilineal system where a child legally inherits from his mother's lineage only, the kinship system patrilineal where a child legally inherits from his father's lineage only. This causes some residents to adhere to other laws such as Islamic inheritance law, and to some, the various customary law. Therefore It is not uncommon for there to be contradictions in inheritance law, especially between inheritance through a will and the inheritance system adopted by the heir. Therefore the legal reconstruction due to the pluralism of inheritance law in Indonesia is in the form where the procedures for making wills for each population group must be added to article 16 number (1) letters i and j of the Notary Position Law. based on the value of justice for both heirs, notaries, and parties related to wills, this should be done through harmonization of the legal system between population groups in Indonesia so as to provide beneficial values for heirs, heirs, and society in general.

The Inheritance Status of Test Tube Baby Children in the Perspective of Islamic Law and Inheritance Law in Indonesia

The issue of inheritance is a matter that is inherently related to human beings, as every individual will inevitably encounter the event of death. Inheritance law governs the rights and obligations concerning the transfer of inherited property to the surviving heirs after the deceased's death. Among the eligible heirs entitled to receive an inheritance from their parents are children, including those born through test tube baby procedures. This research aims to analyze the inheritance status of such children by Islamic law and inheritance law in Indonesia. This study employs a qualitative literature review methodology. The research findings indicate that in Islam, the inheritance rights of children born through the use of sperm and egg from a legitimate couple, where the embryo is transferred into the wife's womb, are considered equivalent to the rights of biological children. The child does not receive the inheritance if a third party is involved. Suppose the child is born out of wedlock (an illegitimate child). In that case, their share is attributed to the mother and her family. In Indonesia, there are three rules governing inheritance cases: customary inheritance law, determined by local customs; Islamic inheritance law, established by the Religious Courts; and civil law, which determines the inheritance share of legitimate children recognized by law. Meanwhile, children born out of wedlock only receive inheritance from the mother and her family.

INHERITANCE LAW OF CHILDREN OUTSIDE OF MARRIAGE

Inheritance law has an important role in people's lives, especially in terms of regulating rights to property left by someone who has died. However, in practice, the implementation of inheritance law in Indonesia still faces various challenges, such as differences in views between heirs and the court, ambiguity in the inheritance process, and the determination of heirs which can lead to conflicts and disputes between the families left behind. Therefore, it is necessary to conduct a more in-depth study of inheritance law in Indonesia to improve implementation and provide solutions to problems that arise. This study uses the literature review method of literature on books related to the theme of the papers made, and also sources from dictionaries and several articles from the internet. It was found that there are two legal bases for an expert to inherit a number of the heir's assets according to the BW inheritance legal system, namely according to the provisions of the law and appointed in a will. Inheritance must occur under the condition that the heir must have passed away (Article 830 of the Civil Code) and conditions related to the heir. The person who is entitled or the heir to the inheritance must have existed or was still alive at the death of the heir. A child out of wedlock may only inherit his father's inheritance if this father recognizes him as his son, but he may not inherit class II, class III and class IV inheritance. He may inherit inheritance from all groups if he is recognized as legitimate, namely the recognition that was ratified in the District Court. Even though he has been recognized as legitimate, what he gets in inheriting is not the same as a legitimate child.

Tracing the Equity on Islamic Heirs: The Reach of Inheritance of Substitute Heirs on the Compilation of Islamic Law

The institutionalization of substitute heirs in Islamic inheritance law in Indonesia is a breakthrough based on the principles of justice and humanity for heirs who are left behind, but this regulation is considered vague, has multiple interpretations, and can even disrupt the basic principles of Islamic inheritance. The existence of regulations on substitute heirs is very influential in the distribution of inherited assets, as parties who were not entitled to inheritance become entitled to it. This is a normative study with statutory, conceptual, and political approaches. The results of the study indicate that the policy of forming a substitute heir law in terms of updating and developing Islamic inheritance law in Indonesia is inseparable from the situation and condition of legal requirements, which are more or less influenced by the values that live in society and the continuous developments in society itself, especially in aspects of justice. However, the regulation needs to be revised or corrected in the content of the article so that it is right on target and does not have multiple interpretations within its reach, so that it is in line with the objectives of the law, namely justice, benefit, and legal certainty.

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

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

PANDANGAN MAHASISWA PROGRAM STUDI ILMU ‎HUKUM TAHUN 2021 UNIVERSITAS ISLAM INDRAGIRI ‎TERHADAP HUKUM WARIS ISLAM DI INDONESIA

In this journal, the author conducts research on how the views of students of the 2021 law study program, Law Faculty, at Islamic University of Indragiri regarding inheritance law in Indonesia, as it is known that students at UNISI embrace Islam and of course also have studied and understood everything and the law regarding inheritance, whether it is Islamic inheritance law, inheritance law according to civil law or customary law itself, because basically it is not just one law that this student is studying but there are several other laws that are also being studied. In addition to religion, these students also come from diverse ethnic and cultural backgrounds, making it possible to be influenced by the perspective of these students to analyze the dynamics of inheritance law in Indonesia. In writing this journal, the author uses field research methods that use a sociological normative juridical approach, where this research is a qualitative research with data and information collection techniques using observation and interview methods. In this journal the authors found the results of this study, namely (1) that in the view of students and female students of the UNISI Law Faculty in 2021 regarding the dynamics of inheritance law in Indonesia, some of these students thought that even though there were dynamics of inheritance law in Indonesia, they believed that inheritance law based on Islamic law is the fairest law of the two other laws, namely civil law and customary law, (2) as other students have the opinion that every person who is domiciled or an Indonesian citizen has the right to choose which inheritance law they want to use in resolve disputes or problems in the inheritance law in accordance with the wishes and agreement of the heirs of the disputing families, but the best is to use Islamic inheritance law because Islam highly upholds justice especially those who are Muslim should use legal Islamic inheritance in determining the inheritance problem itself, (3) and some other students and female students assume that the dynamics of inheritance law in Indonesia is an impossibility, in essence, if there is a word of deliberation and consensus, then the issue of inheritance can be carried out properly.

Studi Komparasi Ahli Waris Pengganti (Plaatsvervulling) Dalam Perspektif KUH Perdata dan Kompilasi Hukum Islam

According to Pasal 185 of the Compilation of Islamic Law, a feeling of justice serves as the basis for institutionalizing alternative inheritance. In contrast, KUH Perdata includes clauses addressing replacement and replacement heirs (plaatsverfuling). Due to the continued application of customary law, Islamic law, and western law, inheritance law in Indonesia is still generally pluralistic. However, KUH Perdata and KHI are those pertaining to substitute heirs. Therefore, the authors are motivated to compare alternative heirs from the viewpoints of KUH Perdata and KHI. The author's preparation for the piece includes qualitative research with descriptive analytic techniques. The three stages of the data analysis process—description, formulation, and interpretation—are used in comparison analysis. According to the study's findings, if one heir dies before another heir, the child of the heir is then entitled to take the place of his father, in accordance with KHI and KUH Perdata of inheritance law. There are differences in the amount of the accepted heir's share; for example, KUH Perdata receives an equal share to the replacement, unlike KHI, which is not always the same as the replacement and does not exceed the share of equal heirs, and may even be reduced based on the replacement heir's sex. Additionally, KUH Perdata differs in that they enter information to determine the heirs. Keywords: Substitute heirs, KUH Perdata, KHI