Distribution of Inheritance According to Customary Law and Civil Law in Indonesia
DOI:
https://doi.org/10.62872/x1yp5934Keywords:
Division of Inheritance, Customary Law, Civil Law, Legal DynamicsAbstract
This research aims to analyze the distribution of inheritance according to customary law and civil law in Indonesia, considering that this process involves complex financial, emotional and social aspects. In Indonesia, each region has customs that complement its cultural diversity, and the interaction between customary law and civil law in the inheritance distribution process shows unique and often complex dynamics. In this context, civil law plays a vital role in creating a just and prosperous society. In contrast, customary law is deeply related to ways of life developed, shared and passed down from generation to generation. Through a qualitative approach, this research will use case studies from various regions in Indonesia to illustrate the application of inheritance law, and interviews with legal experts, traditional leaders and community members will provide in-depth insight into the interactions between civil and customary law. In addition, analysis of legal documents and jurisprudence will offer a more structured understanding of the basis of statutory law. It is hoped that this research will not only add to academic discourse but also offer practical insights and guidance that can improve legal practices and outcomes in Indonesia's diverse cultural landscape, with the ultimate goal of making policy recommendations for policymakers to improve legal practices around heritage, respecting cultural practices while promoting justice and equality.
Downloads
References
Antonsson, Annika, Terrence P Spurr, Alice C Chen, Glenn D Francis, Nigel A J McMillan, Nicholas A Saunders, Michael Law, and Ian C Bennett. “High Prevalence of Human Papillomaviruses in Fresh Frozen Breast Cancer Samples.” Journal of Medical Virology 83, no. 12 (2011): 2157–63.
Dainow, Joseph. “The Civil Law and the Common Law: Some Points of Comparison.” Am. J. Comp. L. 15 (1966): 419.
Dyatmikawati, Putu. “Inheritance Rights of Women Based on Customary Law in Bali.” International Journal of Business, Economics and Law 11, no. 4 (2016): 13–16.
Gallagher, Maggie. “What Is Marriage For-the Public Purposes of Marriage Law.” La. L. Rev. 62 (2001): 773.
Gañán-Calvo, Alfonso M. “Cone-Jet Analytical Extension of Taylor’s Electrostatic Solution and the Asymptotic Universal Scaling Laws in Electrospraying.” Physical Review Letters 79, no. 2 (1997): 217.
Hafen, Bruce C. “The Constitutional Status of Marriage, Kinship, and Sexual Privacy: Balancing the Individual and Social Interests.” Michigan Law Review 81, no. 3 (1983): 463–574.
Heller, Michael A. “The Boundaries of Private Property.” The Yale Law Journal 108, no. 6 (1999): 1163–1223.
Ilyas, Ilyas, Faisal A Rani, Syamsul Bahri, and Sufyan Sufyan. “The Accommodation of Customary Law to Islamic Law: Distribution of Inheritance in Aceh from a Pluralism Perspectives.” Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 7, no. 2 (2023): 897–919.
Irianto, Sulistyowati. “Competition and Interaction between State Law and Customary Law in the Court Room: A Study of Inheritance Cases in Indonesia.” The Journal of Legal Pluralism and Unofficial Law 36, no. 49 (2004): 91–112.
Masovic, Azemina. “Socio-Cultural Factors and Their Impact on the Performance of Multinational Companies.” Ecoforum 7, no. 1 (2018): 0.
Mbatha, Likhapha. “Reforming the Customary Law of Succession.” S. Afr. J. on Hum. Rts. 18 (2002): 259.
Nurmala, Leni, and Yoslan Koni. “Differences and Similarities in the Division of Inheritance Law According to Islamic Law and Javanese Customary Law in Indonesia in a Comparative Study of Law, so That.” International Journal of Educational Review, Law And Social Sciences (IJERLAS) 2, no. 1 (2022): 129–42.
Olatunji, Oluwole. “A Preliminary Review on the Legal Implications of BIM and Model Ownership.” Journal of Information Technology in Construction 16 (2011): 687–96.
Poespasari, Ellyne Dwi, and Afga Samudera Erlangga. “The Existence of Customary Inheritance Law Norm Development in Jurisprudence Supreme Court.” Ius Positum (Journal Of Law Theory And Law Enforcement), 2023, 85–101.
Ponten, Sungguh. “Perlindungan Hukum Terhadap Konsumen Dalam Transaksi Jual Beli Online Melalui Sosial Media.” Realism: Law Review 1, no. 3 (2023): 79–90.
Priambodo, Bono Budi. “Positioning Adat Law in the Indonesia’s Legal System: Historical Discourse and Current Development on Customary Law.” Udayana Journal of Law and Culture 2, no. 2 (2018): 140–64.
Razy, Lorinza Hartomo. “Islamic Inheritance Law in The Modern Era: Contemporary Aspects and Applications.” AN NUR: Jurnal Studi Islam 15, no. 2 (2023): 287–99.
Sneddon, Karen J. “Speaking for the Dead: Voice in Last Wills and Testaments.” . . John’s L. Rev. 85 (2011): 683.
Vanderlinden, Jacques. “Civil Law and Common Law Influences on the Developing Law of Ethiopia.” Buff. L. Rev. 16 (1966): 250.
Yusuf, Andi Asdar. “Controversy of Islamic Law on the Distribution of Inheritance to the Heirs of Different Religion.” Hunafa: Jurnal Studia Islamika 14, no. 2 (2017): 377–403.
Zulyadi, Rizkan. “Judge’s Role in Court to Eradicate Corruption According to Law Number 20 in 2001 (Study of Decision 16/PID. SUS. K/2011/PN. MDN).” Budapest International Research and Critics Institute-Journal (BIRCI-Journal) 3, no. 2 (2020): 1280–88.
Published
Issue
Section
License
Copyright (c) 2024 Raihana Jihan Sabhira Keliat, Tamaulina Br Sembiring (Author)
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
