Inheritance Law Research Articles

An Application of ITO Analysis in Secondary Kinship Identification.

Objective As the methods of the paternity and kinship testing have been developed, the second-degree and more distant relationships remain challenging in forensic science. Currently, the ITO method is the mainstream method to clarify the kinship between two individuals. Methods In this study, the ITO algorithm was used to calculate the uncle-nephew index based on 55 autosomal short tandem repeats (STRs) loci that were universally used for forensic identification. 19 STRs loci in Y chromosome were used for verification of the kinship. Results The cumulative uncle-nephew index between A and B was calculated to 0.993 by the analysis of the genotyping results of 21 STRs. When genotyping results of the other 34 STRs were added to the calculation algorithm, the cumulative uncle-nephew index between A and B was promoted to 227.928. Meanwhile, genotyping results of 17 Y-STRs loci showed that A and B shared the same Y-STRs haplotype that was in accord with the paternal inheritance law. Conclusion The biological uncle-nephew relationship between A and B are identified by applying the statistical principles and genetic technologies.

National Inheritance Law: Looking at the Weaknesses and Challenges of Its Implementation in Indonesia

This article describes the inheritance law in Indonesia, namely customary inheritance law, Islamic inheritance law and Western civil inheritance law (BW). The three inheritance law systems have their respective adherents from the original community, descendants of both Muslim and non-Muslim. Thus, there is a pluralism of inheritance law in Indonesia; this is not the case regarding marriage which already has a legal umbrella, namely Law Number 1 of 1974 which is the result of the achievements of Indonesian Islamic jurists during the New Order era which was able to unite the Indonesian people in the form of legal unification. The unification and codification of inheritance laws that apply nationally would require a long process to achieve the goals and ideals of the Indonesian nation. The purpose of writing this article is to find out: 1. what is the form of the National Inheritance Law in Indonesia? 2. What are the results of the SWOT analysis of the National Inheritance Law in Indonesia? This study uses descriptive research methods, i.e. by exploring or photographing social situations that were studied thoroughly, broadly, and deeply. This article concludes that the national inheritance law in Indonesia is constitutionally enforceable. In addition, there is a need for the role of religion in contributing to the development of the inheritance law. However, it takes a great effort by the parties involved to socialize the law because there are still many inheritance disputes that occur in the community because they leave the legal institutions, both religious courts and general courts

The phenomenon of dormant inheritance in inheritance law

The article is devoted to clarifying the essence of the phenomenon of dormant inheritance in inheritance law. It has been concluded that the right of ownership of the inherited property is acquired by the heir retrospectively from the time the inheritance was opened, regardless of the legal regime of the inherited property. However, until the moment of state registration of the right of ownership, the heir is limited in his/her ability to dispose of the inherited real estate, in particular by alienating it. However, this limitation does not at all indicate that the heir has not acquired the right of ownership of the inherited property. The heir can transfer the inherited property to management, enter into an agreement on changing the size of shares in the inheritance.
 It is emphasized that a necessary condition for the emergence of the right of ownership of the inheritance is its acceptance by the heir in the manner and terms determined by civil legislation.
 The theory of splitting the ownership of inherited property is analyzed, according to which the emergence of the right of ownership of hereditary movable property is associated with the time of the opening of the inheritance, and for immovable property – with the date of state registration of rights to it. The contentiousness of the theory of splitting the ownership of inherited property is substantiated due to its inconsistency with the construction of universal legal succession.
 The phenomenon of dormant inheritance characterizes the actual state of the objects of inheritance from the time of the opening of the inheritance to the moment of its acceptance by the heir. Legally, such an interval of the state of statelessness of property does not exist, taking into account the rule of retroactive acceptance of inheritance established in the law. Thus, according to part 5 of article 1268 of the Civil Code of Ukraine, regardless of the time of acceptance of the inheritance, it belongs to the heir from the time of opening the inheritance, that is, from the moment of the death of the testator or his/her declaration as deceased. It is emphasized that the provision on retroactive acceptance of inheritance is a legal fiction.

Tinjauan Hukum Islam terhadap Pembagian Harta Warisan di Desa Lolo Hilir Kecamatan Bukit Kerman Kapubaten Kerinci

This study aims to reveal a review of Islamic law on the distribution of inheritance based on adat in Lolo Hilir Village, Bukit Kerman District, Kerinci Regency. This study uses a qualitative approach with data collection methods through observation, interviews, and documentation. Based on the research conducted, the results and conclusions are obtained that the review of Islamic law on the distribution of inheritance based on adat in Lolo Hilir Village is allowed for reasons that are justified by Islam and sharia, where women's morality is more responsible for their families. Therefore, the distribution of inheritance in Lolo Hilir Village is given the right to use for women, the inheritance can only be used and cannot be sold and property rights. Men cannot use it, but when the inheritance is sold, the man gets a share according to the agreement, but it is possible for the man to use the inheritance according to the agreement. In Islam, inheritance law is obligatory and the distribution has been regulated, but it can change due to certain circumstances and reasons. Over time, many women in Lolo Hilir Village have been able to work, so there are often conflicts over the distribution of this inheritance, but there has been a bright spot, the inheritance is distributed evenly, but if it is implemented something is not possible, then it is resolved by adat to uphold the welfare and justice of the people of Lolo Hilir Village.

O Direito Comparado entre Brasil e Espanha na Análise da Herança Digital e Seus Desdobramentos

O exponencial avanço das tecnologias de informação e o uso cada vez maior da internet no cotidiano, principalmente na guarda de material que, pode ou não ter cunho patrimonial, aliado a um arcaico sistema normativo no que concerne o direito sucessório, tanto no Brasil quanto na Espanha, tem trazido constantes problemas de ordem prática quanto a destinação dos “bens e direitos virtuais” do de cujos. Assim, o objetivo é analisar brevemente o sistema normativo espanhol e brasileiro no tocante à ‘herança digital’, constatando que as normas vigentes são inócuas para uma solução prática adequada. Foi utilizado o método teórico e histórico que consiste na consulta de obras, artigos de periódicos, documentos eletrônicos, bem como da legislação pertinente ao tema de ambos os países. Também se analisou como o direito digital surge como um novo ramo do direito e quais são os bens passíveis de serem herdados, nunca deixando de lado a privacidade na era digital, a dignidade da pessoa humana e os direitos da personalidade, intrínsecos ao proprietário do bem digital, que se perduram mesmo após a sua morte.

Tinjauan Hukum Islam terhadap Pembagian Harta Warisan di Desa Lolo Hilir Kecamatan Bukit Kerman Kapubaten Kerinci

This study aims to reveal a review of Islamic law on the distribution of inheritance based on adat in Lolo Hilir Village, Bukit Kerman District, Kerinci Regency. This study uses a qualitative approach with data collection methods through observation, interviews, and documentation. Based on the research conducted, the results and conclusions are obtained that the review of Islamic law on the distribution of inheritance based on adat in Lolo Hilir Village is allowed for reasons that are justified by Islam and sharia, where women's morality is more responsible for their families. Therefore, the distribution of inheritance in Lolo Hilir Village is given the right to use for women, the inheritance can only be used and cannot be sold and property rights. Men cannot use it, but when the inheritance is sold, the man gets a share according to the agreement, but it is possible for the man to use the inheritance according to the agreement. In Islam, inheritance law is obligatory and the distribution has been regulated, but it can change due to certain circumstances and reasons. Over time, many women in Lolo Hilir Village have been able to work, so there are often conflicts over the distribution of this inheritance, but there has been a bright spot, the inheritance is distributed evenly, but if it is implemented something is not possible, then it is resolved by adat to uphold the welfare and justice of the people of Lolo Hilir Village.

COLONIAL RULE AND MUSLIM WOMEN

Relevant to any attempt for amelioration of woman’s conditions was the history of Muslim people in general and that of Muslims in the Indo-Pak Subcontinent in particular. This paper highlights Muslim women’s struggle for their rights movements in British India. Their continuous struggle altered educational and political institutions, allowing them to emerge from seclusion and participate more actively in the nation's public life.
 It is said that when women in the developed countries were agitating against their own male regarding their rights, a similar struggle had begun in the subcontinent where men started encouraging participation of women in education and politics, appreciated, and sometimes patronized it. The imperialists in India reversed the economic and social milieu. By strengthening system, British fortified the position of the feudal and tribal lords which not only contributed towards solidifying the struggle for Muslim Women’s Rights in the British India but also resulted in lowering the status of women. The British, on the other hand, did not believe it was necessary to extend their politics into all aspects of life. As a result, local laws continued to apply in family and personal matters like as marriage, guardianship, and inheritance, and the status quo between men and women was maintained. After a prolonged protests and struggle for women’s rights, the central legislature undertook legislation on issues relating to Muslim women such as child marriage, property rights, widow remarriage, divorce, etc. Muslim women had to resisted on the laws imposed by imperialists as most of it were the violation of their fundamental rights, and that they were mostly successful i.e., law of inheritance 1937. The paper shows that women's struggles for educational and political freedom had a significant impact in the British India Particularly in 1940s during Pakistan Movement. Everyone is aware of the social changes/developments that occurred at that time. However, few people acknowledge that women had a key role in bringing about these developments. It is hardly an exaggeration to say that women have achieved tremendous progress and have paved the way for more reforms in late nineteenth and early twentieth centuries.

ТРАДИЦИОННОЕ КЫРГЫЗСКОЕ ОБЩЕСТВО И ВОПРОСЫ ФИЛОСОФИИ ГЕНДЕРА

The article discusses the features of the traditional Kyrgyz society. It is noted that the nature of gender relations was influenced by the nomadic way of being, the tribal, patriarchal nature of the Kyrgyz society. Particular attention is paid to the social roles of women and men in the division of labour, gender characteristics in customary law, peculiarities of inheritance law, etiquette proxemics in the kinship system and traditional games. The author notes that the patterns of male and female behaviour were laid down in the institution of the family. In the traditional Kyrgyz society, a man being a husband and a father, then subsequently a son had indisputable absolute authority. All family members unquestionably obeyed the head of the family - a man. The material, moral and psychological environment completely depended on the husband.

Polish Auxiliary Forces and their Law Academic Scripts at the University Camp in Grangeneuve/Fribourg

The soldiers of the 2nd Division of Rifle Infantry interned in Switzerland in the years 1940–1945 were offered an opportunity to undertake studies on the grounds of cooperation between war camps and Swiss academies. Among the study programs organized at the University Camp in Grangeneuve/Fribourg were studies in law. Their syllabus included subjects taught at the University of Fribourg and provided for lectures on Polish law. The aim of the article is to demonstrate the role that the law academic scripts (course materials) played in the camp. The article includes a brief explanation of what the scripts were and outlines the origin of the series entitled Scripts of University Lectures in Grangeneuve, later Fribourg – La Chassotte (Skrypty wykładów uniwersyteckich w Grangeneuve). They were authored, to a large degree, by soldiers themselves, together with pre-war academics based on Polish universities, graduates in law and practitioners of law. An excellent illustration of their involvement can be the script written in the winter of 1941 by Jan Świda, related to the basic institutions of Swiss inheritance law. The content of this work and the way it was prepared will be compared with the scripts created by Aleksander Mełeń and Wacław Petsch, printed in the same year.

Salah Satu Bentuk Perlindungan Bagi Penyandang Disabilitas Mental Sebuah Studi Eksplorasi Peraturan Perundang-Undangan Indonesia tentang Perlindungan Hak Waris Penyandang Disabilitas Mental

Indonesia ratified the Convention on the Rights of Persons with Disabilities (CRPD) and enacted Laws that provide for the right to justice and legal protection for persons with mental disabilities, including the right to own and inherit a legacy. Paradoxically, the same laws legalize actions that undermine their rights. This study examines the legal protection accorded to persons with mental/intellectual disabilities over their inheritance rights as per the Indonesian three-pronged inheritance laws comprising Islamic law, adat law and the civil code. This research is descriptive, using a normative approach with a measure of doctrinal research. Indonesian laws still provide for substituted decision-making for persons with mental disabilities, which legalizes denying their right to legal agency. Ambiguities abound in the laws on important aspects, like how one is declared incapable of making legal decisions. Supported decision-making mechanisms for persons with mental disabilities in Indonesian laws would provide the basis for setting up support centers where persons with mental disabilities can access the necessary support to enable them to make legal decisions. This study can be useful in addressing issues that infringe on the legal rights and protections of people with mental disabilities.

URGENSI HUKUM WARIS NASIONAL SETELAH BERLAKUNYA UNDANG-UNDANG NO.23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN

Inheritance Law is the only area of law that still applies different laws for Indonesian citizens with varying groups as regulated in Articles 131 and 163 of the Indische Staats regeling. With the enactment of Law Number 23 Year 2006 concerning Population Administration (UU Adminduk), in Article 106 all Staatsblads regulating the classification of residents in the Birth Certificate are revoked, so that since such Law came into effect, there were no more instructions in the Birth Certificate regarding the classification of an Indonesian citizen. This has had a significant impact on the enforcement of the Inheritance Law, which is still enforce based on the classification of the resident groups. This paper uses a normative juridical approach, so that the urgency of the formation of the National Inheritance Law will be seen from the point of view of legislation, jurisprudence, doctrine and legal literature. Apart from the goal as an independent nation to have a national law, it is also necessary to understand that inheritance law must be formed in accordance with the pluralistic conditions of the Indonesian nation. Raising awareness of the importance of establishing a National Inheritance Law is the aim of this paper, especially as an appreciation of the abolition of population classification by UU Adminduk, and the need for a national law that is in accordance with the spirit of the Indonesian nation, i.e Pancasila.

The Construction of Inheritance Law Reform in Indonesia: Questioning the Transfer of Properties through Wasiat Wājibah to Non-Muslim Heirs

This article examines the construction of inheritance law reform in the transfer of properties through wasiat wājibah to non-Muslim heirs. Questioning the jurisprudence of the Supreme Court which makes wasiat wājibah as an alternative in giving inheritance rights to heirs who are prevented from getting an inheritance due to religious differences (non-Muslims). This study is an empirical legal study that examines the decisions of the Supreme Court relating to the transfer of inheritance to non-Muslims. The study concludes that in terms of inheritance law reform is an alternative in changing Islamic law that must be carried out in response to changes in community social conditions. The construction of inheritance law reform in judicial decisions has formulated inheritance law by giving inheritance rights to heirs of different religions (non-Muslims) by means of wasiat wājibah . The jurisprudence of the Supreme Court of the Republic of Indonesia has expanded Article 209 of the Compilation of Islamic Law by adding parties who can receive a wasiat wājibah, including heirs who are prevented from inheriting due to religious differences. The construction of inheritance law reform on the transfer of inheritance properties with wasiat wājibah in the jurisprudence of the Supreme Court of the Republic of Indonesia has exceeded the quantitative limit in granting wasiat wājibah. The impression does not pay attention to the signs in the application of wasiat wājibah by ignoring the maximum limit. Wasiat wājibah as a solution is not unacceptable as inheritance law reform but must still guide the legal media used by considering the basic rules that surround it.

Men and Women in The Distribution of Inheritance in Mandar, West Sulawesi, Indonesia

In general, there are two patterns of inheritance distribution in Indonesia, based on Islamic and customary inheritance laws. This research specifically focused on the distribution of inheritance for men and women in Mandar by scoping the research area in Polewali Mandar Regency, West Sulawesi Province. This research is an empirical legal study using the sociology of law approach. Data collection techniques were obtained through literature study and interviews. The results showed that the Mandar people who lived in Polewali Mandar, West Sulawesi Province, considered that whether son or daughter earned the same sharing, there was no difference. The view that puts the same position between the two has influenced the legal treatment of inheritance. The distribution of inheritance in Mandar, especially for sons and daughters, was found in two patterns, namely, using Islamic inheritance patterns and customary inheritance patterns. This customary inheritance pattern is practiced in the form that they are no longer able to define, whether it is in the form of Islamic law or customary law, dividing the inheritance to their children to be managed by themselves, and some have shared the inheritance with their children, but the heir still manages the assets, and the house of the parents belongs to the youngest child, without distinguishing between the youngest son or the youngest daughter.

HAK ANAK NON MUSLIM TERHADAP HARTA ORANG TUANYA YANG MUSLIM

This study aims to find out the right of non-muslim children to the property of their muslim parents. This research is normative legal research that uses a statutory approach and a conceptual approach, and uses primary and secondary legal sources. The technique of collecting legal materials is through literature study. The analysis used in this study uses a qualitative analytical method, namely by interpreting the legal materials that have been processed. In terms of the inheritance of different religions, the parties in it must submit to the religious law adopted by the heir who in this case the heir embraces Islam. Whereas Islamic inheritance law stipulates that a person with a religion other than Islam cannot inherit property from someone who is muslim, and vice versa, a person who is Muslim is not entitled to the inheritance of a person with a religion other than Islam. Children who have different religions with their parents can get a share of their assets from the heir but not as heirs but as people who are given a wasiat wajibah. Meanwhile, when the heir is still alive, non-muslim children still get property from their parents in the form of grants.

The Position Of Women Sentana Peperasan (Appropriate Children) View From The Perspective Of Bali Traditional Health Law

The presence of children in a family is the most coveted thing by every married couple. Various efforts can be made by humans to obtain children, one of which is by adopting children. One of the goals of adopting a child is none other than as a successor to the offspring and heirs of his adoptive parents. In Bali, the adoption of a child has a separate legal relationship between the child and his adoptive parents. Through the Dewa Saksi ceremony, religiously the child will become the biological child of his adoptive parents. In addition, even though Bali adheres to a patrilineal system, adopted daughters have the opportunity to being the main heirs in their adoptive families, namely by being made sentana rajeg. Sentana rajeg is a condition in which the daughters are given the status of sons (purusa) in Nyeburin marriages in Bali. Thus, the adopted daughter can be domiciled as the main heir in the adoptive family. To find a solution to these problems, therefore an analysis is needed regarding the position of adopted daughters in Balinese customary inheritance law. The method used to compile this article is literature study or literature study. The result of this research was through the decision of Pasamuhan Agung III/2010, the position of the woman can be one of the heirs and get a certain portion of the inheritance without having to be made a sentana rajeg first.

Empire Juridic Analysis in Coconut Plantation Land Dispute Case

The purpose of this study was to find out how the empirical juridical analysis of coconut plantation disputes in botutonuo village. This study uses a type of empirical juridical research, which places facts in the field as the main data in the study. Sources of data used are primary data as the main data (the results of observations, field interviews, and documentation), and secondary data such as books, laws, regulations, and scientific works. While the population and samples used are the Botutonuo Village Office, the parties involved, the community, and the Botutonuo Village government. The results show that the empirical juridical analysis of coconut plantation disputes in botutonuo village is that the judge in deciding this dispute was correct based on the facts revealed in court by deciding that the defendants were found guilty of controlling the object of the dispute unilaterally and had sold it to someone else and the cause of the dispute. Coconut plantations in botutonuo village are caused by the pattern of responding to inheritance law regulations and secondly supporting factors such as the greed of the disputing parties, not distributing the inheritance immediately, and the lack of good faith.

Perspektif Al-Qur’an terhadap Pembagian Harta Waris di Desa Pedamaran Kecamatan Pedamaran Kabupaten Ogan Komering Ilir (Studi Living Qur’an)

This article is intended to examine the distribution of inheritance in Pedamaran 1 Village which seems to be more inclined to favor girls, so that it seems contrary to Islamic inheritance law. Whereas according to the majority of scholars, QS. al-Nisa' verse 11 states that the share of inheritance for girls is half of the inheritance for boys. This research is a field research using the living qur'an method. The research location is Pedamaran 1 Village, Pedamaran District, Ogan Komering Ilir Regency. The results of this study indicate that the distribution of inheritance in Pedamaran 1 Village, Pedamaran District, Ogan Komering Ilir Regency (OKI) still adheres to customs. The factor that makes only the eldest daughter inherit is because she has the responsibility to take care of her parents, especially when they are old or sick. Girls usually understand their parents better than boys. Even so, in reality this division of inheritance does not cause disputes among family members.

THE PROCEDURE FOR RECOGNIZING CITIZENS AS UNWORTHY HEIRS

One of the most frequently encountered sub-branches of law in real life is inheritance law. The institution of unworthy heirs was first legislated in the Civil Code of the RSFSR of 1964. I believe that in modern realities, special legal regulation of the issue of recognizing a citizen as an unworthy heir is required, due to the increasing frequency of such precedents in practice. In this topic, the procedure for recognizing an heir as unworthy remains a particularly exciting problem for many, due to its ambiguity, uncertainty and the need to have a large amount of evidence due to the consideration of such cases in court. The purpose of this work is to clarify the procedure and procedure for recognizing citizens as unworthy heirs. It is also necessary to solve such tasks as fixing inaction at the legislative level as the reason for recognizing the heir as unworthy, in addition, explaining the subtleties when launching the procedure for recognizing the heir as unworthy, including what documents are needed when applying to the court for such an occasion. In this article, I will try to analyze the main issues and gaps in the procedure for recognizing citizens as unworthy heirs.

KONSTRUKSI PEMIKIRAN PEMBAHARUAN HUKUM KEWARISAN ISLAM DI INDONESIA (STUDI YURISPRUDENSI MAHKAMAH AGUNG)

This research examines the istinbath construction in the Indonesian Supreme Court’s inheritance law jurisprudence, which has resulted in the emergence of conservative groups who criticize inheritance fiqh because their findings contradict classical Islamic law. This research is a qualitative descriptive study using a legal-contextual approach to pluralism and Menski's triangular. The results show that the Supreme Court's jurisprudence applies the Transformative-Universalism concept, which uses ijtihad intiqa'i and extra-doctrinal technical building methods of legal reform. According to Menski, the reform of fiqh law can be carried out in three forms: 1. Paying attention qath'i in inheritance law which has Islamic-philosophical values; 2. Expanding the formulation other than the qath'i by taking into account the sociological values of society and its customs, as well as the substance of maslahah in it; 3. Carrying out legal-formal reform through fiqh with philosophical considerations of Islamic law and empirical (customs and social reality).

An Anthropological Perspective of Female share in Inheritance: An Appraisal of Gender Gap between Islamic Law and Practice

In many developing countries, the people cannot enjoy their basic human rights. Majority of women are refused their rights to admittance, own, or inherit land and property. As a result, they cannot afford to buy land. This deprivation makes them dependent on good marital and family relations. The right to inheritance is a legal and very legitimate right of every person, which has been given by Islam to women in very explicit words but unfortunately the custom of Pakistan is different regarding giving female legal right of inheritance. The chief objective of this research is to find out the causes of depriving women of their right to inheritance. For the accomplishment of the objectives of research, quantitative research method has been adopted. A survey was conducted in four public sector universities of Rawalpindi and Islamabad. The questionnaire was used as a research tool. Including highly educated faculty and students were selected for the collection of Data. These data were later analyzed to draw the results of the research. The research covers two main aspects. Firstly, the awareness level of the educated class about their rights and prevailing laws; and secondly, the major societal causes of depriving women of their inheritance right. Findings of the survey indicates that women are deprived of their religious right of inheritance even in the highly educated sector due to financial, social and cultural issues. Inheritance law is one of the key leavers for the sustainable development of the society which provides social justice and wellbeing for the family. Therefore, the inheritance law needs be implemented through public awareness regarding the Islamic Shania and state laws.Keywords: Inheritance, Islamic Law, Gender, Culture, Property rights, Sustainable development