Inheritance Rights Research Articles

Inheritance Rights of Extramarital-Children after the Constitutional Court Decision of 2010

Extramarital-children refer to children who are born outside the marriage. The position extramarital-children are legally vulnerable and therefore needs attention. The Constitutional Court Decision No. 46/PUU- VIII/2010 recognizes the legal status of extramarital children against their biological fathers as long as their genetic relationship can be proven by way of DNA testing and supported with other evidence. This study aims to examine the inheritance right of the extramarital-children, especially after the issuance of the mentioned Constitutional Court Decision. This normative legal research employs statutory, case and comparative approaches. Although the focus of this study is more on the legal development in Indonesia, however, this paper also provides a comparative analysis with some other countries, especially with regard to the utilization of the DNA Testing for legal purposes. The results show that the Constitutional Court Decision No. 46/PUU-VII/2020 does not address the inheritance right of extramarital-children and therefore they cannot inherit each other from their biological fathers. In regard to inheritance, this issue will be referred to the existing law of inheritance.

RESIKO DAN PERLINDUNGAN HUKUM TERHADAP KEMULYAAN MANUSIA AKIBAT PERKAWINAN LIAR

Marriage is the inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the one and only godhead. To ensure happiness in the marital bond, state involvement is necessary. Marriages that are registered with state institutions receive legal protection with various problems arising from marriage such as income and inheritance rights. While marriages that are not registered with state institutions, the consequences do not get legal certainty which results in the unprotection of all rights such as child maintenance if they divorce, inheritance rights and property. The reality is that there are still many marriages that are not registered with state institutions, this will result in legal uncertainty.

CONCEPT OF SUCCESSION, LEGATEE AND HEIR

In this article, an attempt is made to clarify the concept of the expressions such as the right of inheritance, the right of succession, inheritance, heir, inheritance, bequeather.

Muslim Women’s Inheritance Rights: Between Ordained and Practice

Muslim Women’s Inheritance Rights: Between Ordained and Practice

Muslim Women’s Inheritance Rights: Between Ordained and Practice

Muslim Women’s Inheritance Rights: Between Ordained and Practice

Patterns of Inheritance Distribution in Tlogoharjo Village, Giritontro Subdistrict in the Review of Islamic Law

The pattern of inheritance distribution in rural communities is a complex phenomenon, especially when viewed from the perspective of Islamic law. With the diversity of ethnicities, races, languages, religions, and traditions in Indonesia, differences arise regarding the pattern of inheritance distribution in the community. The fundamental thing about the inheritance system is the distribution of inheritance that is in line with the current legal regulations. This research aims to analyze the pattern of inheritance distribution in the community of Tlogoharjo Village, Giritontro Subdistrict, with a focus on related aspects of Islamic law. This research was conducted using field research with a qualitative method with a descriptive approach which is one of the qualitative research methodologies and data collection techniques by means of observation and interviews. The results of this study are that the pattern of distribution of inheritance property both before and after the heir dies is allowed in Islamic Law as long as there is no element of harm, this is because Islamic Law accepts culture and custom as legal norms that must be obeyed if there is no deviation in it and Islamic law is flexible which can be developed according to the needs of people living in the modern era today. Furthermore, the pattern of inheritance distribution in Tlogoharjo Village is still strongly influenced by customary values and local traditions, although Islam is formally the legal basis. However, there is a tendency for adjustments to the principles of Islamic law in the practice of inheritance distribution. For example, the inheritance rights stipulated in the Qur'an and Sunnah tend to be respected, although sometimes with interpretations adapted to the social and cultural context of the village community. This research also highlights some differences between the practice of inheritance distribution in village communities and the ideal principles of Islamic law. Factors such as lack of understanding of religious teachings, hereditary traditions and economic factors play an important role in shaping inheritance distribution patterns.

Effectiveness of the Beti Bachao Beti Padhao Campaign: Application of Nudge Theory to Address Gender Imbalance in Northern India

Gender imbalance is a significant socio-cultural issue. The Beti Bachao Beti Padhao (B3P) campaign of the Indian Government referred to nudge theory to promote gender equality and reduce the perceived burden of the girl child. It has however shown limited effectiveness in certain northern states like Haryana where it is being run in 95% of the districts. This research investigates how nudge theory can be better employed to bring about the required behavioral change. The B3P campaign includes financial incentives, facilitation of female education, and public awareness initiatives. Regardless of these efforts, the preference for a male child continues to dominate in states like Haryana, and Punjab, and even urban territories like the national capital- Delhi reversing the early success of the initial few years. Literature indicates that this inclination towards the male child is rooted in a multilateral complex web of historical and socio-economic structures that ensure that sons are viewed as economic assets. A pan- India review reveals significant regional differences and seemingly highlights that the preference for a male child is influenced by inheritance rights and familial considerations, perpetuating the benefits associated with sons.

МЕЖДУ ПРОШЛЫМ И БУДУЩИМ: РЕПРЕЗЕНТАЦИЯ ИСТОРИЧЕСКОЙ ПАМЯТИ В РУНИЧЕСКИХ НАДПИСЯХ V-XI ВВ.

The article deals with the representation of the collective historical memory in runic writing. In the 5th – 7th centuries runic inscriptions on stone monuments start to mention public events, such as the death of a chieftain or public sacrifice, preserving thus the historical memory about it. The texts include only ‘keys’ that actualize the memory, a personal name first of all. The emergence of the memorative function changes attitudes to the monuments. They become public value that is protected by spells against anyone who harms the monument. A memorial formula opens with the ‘key’ to the historical memory – the name of the remembered person. In the 9th to 11th centuries the memorial formula is further transformed: it now opens with the names of those who ordered the monument, then follows the statement about its erection, the name of the deceased and his relationship in kinship with the customer(s). The transfer of the emphasis to the customers points to the importance of preserving information on their relationship, probably to confirm their inheritance rights. The glorification of the deceased and making the genealogical information public, however, do not remain events of public concern. The memorative function of runic monuments thus declines, they represent a family and not collective historical memory. Later runic writing loses its memorative function altogether; it becomes the means of communication between individuals.

Implementation of Big Data Information System Using Open-Source Metabase for Civil Registration and Vital Statistics Data Visualization in Surabaya

Civil registration involves the mandatory and continuous documentation of important life events of a country's population under local legal requirements. In many countries, these documents are required to access government services such as education, healthcare, social services, formal employment, insurance benefits, and inheritance rights. Indonesia should prioritize building a comprehensive Civil Registration and Vital Statistics (CRVS) using a big data information system to ensure every individual has a legal identity, can access government services, and collect accurate and reliable statistics on vital events through geospatial maps. Surabaya, a city in Indonesia, still needs a comprehensive Civil Registration and Vital Statistics (CRVS) system. We produce many informative visualizations from the query and modeling processes in Metabase. Based on the PIECES framework, this application's importance level is 4.56 or 91.25%, meaning the application is important, and the satisfaction level is 4.29 or 85.76%, meaning the application is satisfied for the respondents. This research provides a brief overview of how Metabase works and how it can be used to generate visualizations of job-type data. It demonstrates the ease with which visualizations can be changed and customized. It had a good affordability point, making its implementation easier and more beneficial. It also emphasizes the importance of having a powerful tool like Metabase for data analysis and decision-making, especially for the dispendukcapil as a civil registration agency.

Implementation of Big Data Information System Using Open-Source Metabase for Civil Registration and Vital Statistics Data Visualization in Surabaya

Civil registration involves the mandatory and continuous documentation of important life events of a country's population under local legal requirements. In many countries, these documents are required to access government services such as education, healthcare, social services, formal employment, insurance benefits, and inheritance rights. Indonesia should prioritize building a comprehensive Civil Registration and Vital Statistics (CRVS) using a big data information system to ensure every individual has a legal identity, can access government services, and collect accurate and reliable statistics on vital events through geospatial maps. Surabaya, a city in Indonesia, still needs a comprehensive Civil Registration and Vital Statistics (CRVS) system. We produce many informative visualizations from the query and modeling processes in Metabase. Based on the PIECES framework, this application's importance level is 4.56 or 91.25%, meaning the application is important, and the satisfaction level is 4.29 or 85.76%, meaning the application is satisfied for the respondents. This research provides a brief overview of how Metabase works and how it can be used to generate visualizations of job-type data. It demonstrates the ease with which visualizations can be changed and customized. It had a good affordability point, making its implementation easier and more beneficial. It also emphasizes the importance of having a powerful tool like Metabase for data analysis and decision-making, especially for the dispendukcapil as a civil registration agency.

Negosiasi Budaya pada Amalgamasi (Studi Kasus Suku Bangsa Bugis dengan Minangkabau di Kelurahan Tagaraja)

The Tagaraja Village shows the characteristics of a multicultural society with ethnic diversity including Malays, Bugis, Minangkabau, Javanese and others in one administrative area. Social relations that are established through amalgamation require that each family with a different cultural background negotiate with each other. The amalgamation that is the focus of this research is to find out the marriage system and how to negotiate marriages between the Bugis and Minangkabau ethnic groups who have differences in their marriage institutions. This study uses qualitative research with a case study approach. Data collection techniques were carried out through observation, interviews, documentation and literature studies. The results of the study show that the marriage procession is more dominant following the cultural peculiarities of the women's side, but lineage and inheritance rights are determined based on the agreement of the two families by calculating benefits from socio-cultural aspects.TRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian // TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack//

Implementation of Big Data Information System Using Open-Source Metabase for Civil Registration and Vital Statistics Data Visualization in Surabaya

Civil registration involves the mandatory and continuous documentation of important life events of a country's population under local legal requirements. In many countries, these documents are required to access government services such as education, healthcare, social services, formal employment, insurance benefits, and inheritance rights. Indonesia should prioritize building a comprehensive Civil Registration and Vital Statistics (CRVS) using a big data information system to ensure every individual has a legal identity, can access government services, and collect accurate and reliable statistics on vital events through geospatial maps. Surabaya, a city in Indonesia, still needs a comprehensive Civil Registration and Vital Statistics (CRVS) system. We produce many informative visualizations from the query and modeling processes in Metabase. Based on the PIECES framework, this application's importance level is 4.56 or 91.25%, meaning the application is important, and the satisfaction level is 4.29 or 85.76%, meaning the application is satisfied for the respondents. This research provides a brief overview of how Metabase works and how it can be used to generate visualizations of job-type data. It demonstrates the ease with which visualizations can be changed and customized. It had a good affordability point, making its implementation easier and more beneficial. It also emphasizes the importance of having a powerful tool like Metabase for data analysis and decision-making, especially for the dispendukcapil as a civil registration agency.

PENERAPAN SANKSI DALAM PELANGGARAN HUKUM KELUARGA DI NEGARA-NEGARA MUSLIM DALAM PERSPEKTIF HUKUM ISLAM DAN NASIONAL

Sanctions for violating family law are a form of legal reform. Muslim countries have different legal provisions for sanctions for violating family law. This study uses the method of literature/documentation and a normative juridical approach by examining secondary data or literature as the source. Secondary data sources used in this study are books, laws, court decisions, legal theories and opinions of legal experts relating to family law sanctions in Muslim countries as well as previous studies such as research relevant to this research. This study aims to determine the legal provisions regarding sanctions in violation of family law. The results of the discussion and research explain that not all countries have legal provisions regarding sanctions for violating family law and the legal provisions regarding these sanctions vary from one country to another. In general, these legal sanctions are related to violations of various issues related to marriage, such as underage marriages, forced marriages, prevention of marriages permitted by syara' law, prohibited marriages, registration of marriages, marriages out of court, dowries, marriage fees, polygamy. , divorce, maintenance, treatment of wife, post-divorce women's rights, and inheritance rights.

Islamic Counseling on Psychological Aspects of the Sirri Marriage Case: Five Women's Voices in the Narrative Investigation

Unregistered marriages have become a phenomenon in several countries and have an impact on wives and children because marriages are not registered with the government. This research aims to report the psychological impact on wives and children in Indonesia. Five female participants in unregistered marriages were involved in narrative inquiry research. Data collection was carried out through semi-structured interviews. Interviews were also conducted with ustadz and amil (community figures). The data were analyzed using narrative analysis. The results showed that the wives experienced mental disorders (neuroses), which were influenced by frustration (pressure), conflict (inner conflict) and anxiety due to several things, including the lack of legal certainty and treatment of the husband. Apart from that, the factors causing unregistered marriages are women's ignorance of the concept of marriage, which includes the rights and obligations of husband and wife, and economic aspects. This research has implications for the legality of children resulting from unregistered marriages related to inheritance and administration rights.

Moștenirea pe linie feminină în familia nobiliară de Sântioana(sec. XIV-XV)

This paper analyses the right of inheritance on the feminine line in medieval Transylvania, through the history of a noble family residing in Sântioana, in the Târnava county. The aim of this study is to highlight the practice of inheritance by girls from this noble family with increased attention on the category of goods they acquired, the right to own them, the importance of feminine inheritance for the girls and their descendants and the courts before which the inheritance disputes have been tried.

COMPARATIVE ANALYSIS OF INHERITANCE LEGISLATION IN UKRAINE AND POLAND: CIVIL AND TAX ASPECTS

This comprehensive study delves into the inheritance laws of Ukraine and Poland, shedding light on their common features and distinguishing factors. In an era of increasing cross-border estates and globalized family structures, understanding the intricacies of inheritance laws in these two nations is of paramount importance. The analysis begins by exploring shared legal terminology and concepts, such as "testament," "intestate succession," and the emphasis on family and kinship in determining inheritance rights. Both countries provide provisions for disinheritance under specific circumstances and establish succession rights for spouses and children, underscoring the significance of familial relationships. However, significant disparities emerge in several key areas. Variations in inheritance taxation structures are evident, with Ukraine employing preferential tax rates for close relatives, while Poland bases taxation on asset value. Formalities for creating valid wills diverge; Ukraine allows for simple handwritten wills, while Poland demands more formal notarial requirements. Ukraine's forced heirship provisions safeguard certain family members' minimum entitlement to the estate, a contrast to Poland's absence of strict forced heirship. The study underlines the influence of socio-economic factors, with Ukraine's post-Soviet heritage and Poland's transition from communism shaping their respective legal landscapes. It offers crucial policy recommendations, including the harmonization of inheritance taxation structures, balanced forced heirship provisions, and guidelines for cross-border estate planning. In an increasingly interconnected world, the need to harmonize inheritance laws becomes evident, ensuring fairness, predictability, and the protection of individual and familial interests. This research contributes to a deeper understanding of inheritance laws in Ukraine and Poland, providing valuable insights for individuals, legal practitioners, and policymakers navigating cross-border estate planning and succession cases.

Correlation Meaning of Inheritance Arrangement in Kutuh Village

This study aims to analyse the text of national law and the text of customary law on inheritance. This research is a forensic linguistic study to find the correlation of meaning between national legal texts and customary law texts and their implementation in society. The approach in this study is a qualitative research approach with text analysis. The method used is observation, recording, and interviews with community leaders in Kutuh village. The observation method with note-taking technique was carried out to find the correlation of meaning in national legal texts with customary law texts. The conversant method with face-to-face technique was carried out to find out the implementation of the legal text that governs indigenous peoples in the Kutuh village. The problems were analysed using the theory of forensic linguistics and supported by the theory of meaning. The result of this research is a positive correlation between national legal texts and customary law texts based on the meaning of the words in the text regulations on community inheritance rights. In addition, a positive correlation was also found in the implementation of customary law texts in the community.

Pembagian Hak Harta Waris Bagi Bayi dalam Kandungan (Perbandingan Mazhab Syafi’i dan Mazhab Hambali)

A baby who is still in the womb is an heir who has the right to inherit inheritance, so in implementing the division of inheritance, there are problems in itself because there is no certainty regarding the baby being born whether the baby was born alive or dead, whether the gender is male or female, and born alone or twins. Therefore, this article will examine the determination of inheritance rights for unborn babies from the perspective of the Shafi'i school of thought and the Hanbali school of thought. The aim of this research is to determine the position of inheritance rights for unborn babies from the perspective of the Shafi'i school of thought and the Hambali school of thought. The method used in this research is library research, namely searching for data through existing literature and then drawing conclusions to answer the problems that have been formulated. The results of this research conclude that determining the inheritance rights of unborn babies according to the Syafi'i school of thought should be postponed until the baby is born. According to the Hambali school of thought, inheritance can be given to heirs without having to wait for the birth of the baby. by setting aside a portion of the inheritance of the baby in the womb (deferred) for two boys or two girls with presumptive twins

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.

Perspective on Inheritance Rights in Other Wives

This research aims to investigate and understand the position of wives who marry consecutively and who are not the first wife in the perspective of heirs according to the Compilation of Islamic Law. The research method used is normative-juridical. Analysis of the research results shows that the position of other wives in polygamous marriages is equal in rights to the first wife. Joint property in a polygamous marriage is divided fairly, where the legal consequences of the inheritance of a husband who marries more than once legally are that when the husband dies, the division of joint property in his marriage is half of the joint property obtained with the first wife, and half of the joint property obtained with the second wife, each separately without any mixing of assets. Each wife in a polygamous marriage has the right to her husband's inheritance. The conclusion of this study is that there is no difference in inheritance rights between the first wife and subsequent wives, in accordance with the provisions of Religion and the Compilation of Islamic Law applicable in Indonesia. Recommendations from this research include the need for reform in the Law and incorporated in the omnibus rule of law, especially related to the distribution of inheritance in polygamous marriages, as some laws have accommodated what is implied in the Qur'an and AlHadith. The terms in the law need to be adjusted to reflect fair and balanced principles in accordance with religious values. In addition, wives in polygamous marriages need to pay attention to factors that may limit their inheritance rights and follow religious recommendations.