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Anggi Wicaksono; Zainal Arifin Hosein

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study aims to analyze the comparative law on inheritance in the Islamic legal system, civil law, and its impact on Indonesian implementations. The research method used is normative juridical with a statute approach and a conceptual approach, which focuses on analyzing applicable legal documents and norms. This study discusses the characteristics of each legal system, including differences in the distribution of inheritance, the obligations of heirs to the debts of the testator, and the inheritance mechanism regulated in the Civil Code (KUHPerdata) and Islamic inheritance law. Furthermore, this study explores the impact of implementing the two legal systems in Indonesia, considering the diversity of Indonesian society that influences the implementation of inheritance law. The results are expected to provide deeper insight into how the two legal systems interact and influence inheritance practices in Indonesia.

Anugrah Septrianta Sitepu; Jefrizal Shadli Karo-Karo; Rosmalinda Rosmalinda

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum 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.

Rasi Dewinta Berutu; Harisan Boni Firmando; Wensdy Sitindaon; Roida Lumbantobing; Elvri Teresia Simbolon

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study is entitled the distribution of inheritance in the Pakpak community in Sukamakmur Village. Gunung Meriah District, Aceh Singkil Regency, namely the distribution of inheritance in the past and present communities with the aim of knowing 1) The shift that occurred in the distribution of inheritance in the Pakpak community in Sukamakmur Village. 2) The factors behind the shift in the distribution of inheritance in the Pakpak community in Sukamakmur Village. The method used in this study is a descriptive qualitative research method, to understand what phenomena are experienced by the research subjects holistically, namely by describing them in words and language, based on the findings in the field. The results of the study show that the distribution of inheritance in the Pakpak community in Sukamakmur Village has shifted where in the past, the community in implementing inheritance drew a patrilineal system which drew the father's lineage so that the inheritance that was entitled and became the heir of the son so that parents prioritized sons in inheritance while if the Pakpak community drew a patrilineal lineage, of course the position and even the rights of daughters to get it were very non-existent, while at present the Pakpak community in Sukamakmur Village parents provide opportunities so that parents on average give their property to their daughters. Now the Pakpak community carries out inheritance in the past parents were required to present Kula-kula, Senina, Berru but what happened in the village was that some people no longer followed to present these three, in that community only distributed inheritance among themselves between parents and children only

Lediyana Br Kaban; Suheri Harahap; Ahmed Fernanda Desky

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

This study examines the shift in social values in the inheritance rights of Karo Muslim women in Lingga Culture Village, Karo Regency. This research uses qualitative research and descriptive method. Information was collected through observation, in-depth interviews with traditional leaders, religious leaders, and Karo Muslim family members and documentation. The findings of the study reveal that there is a significant change in the distribution of inheritance rights of Karo Muslim women, from previously not getting their share to now being more fair and equal. The patriarchal culture in Karo society places men at a higher level than women. The Lingga Cultural Village community initially applied customary law, namely "Ajar dibata reh tua-tua sinuria" which means the teachings of ancestors in the distribution of inheritance rights, the inheritance of parents is only given to sons as heirs while daughters are not recognized as heirs and will only get "pemberen" which means gifts from parents. According to Max Waber's theory of social action, the division of inheritance rights is carried out using customary laws that have become social customs because these actions have meanings and values that are now showing a shift in Karo society. However, along with the times and increasing public awareness of the importance of gender equality, the rules for the distribution of inheritance in Lingga Cultural Village began to change. The occurrence of this social value shift is influenced by religious factors, education, jurisprudence, and globalization.

Dika Ratu Marfu’atun; Asep Dharmawan; Natasha Apriliani; Sofia Billa Paradise

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Inheritance law regulates a person's wealth after the owner dies. In general, the system of inheritance or distribution of wealth can be done in three ways: using BW law (Burgerlijk Wetboek), Islamic law, and customary law. This research method uses a qualitative research method with a normative juridical research type with an observational approach which is intended to examine legal issues related to the comparison of the distribution of inheritance assets according to Civil Law and Islamic Law. The aim of this research is to find out how inheritance is divided according to western civil law and Islamic lawAccording to civil law, there are two ways to divide inherited assets, namely Ab-intestato (heirs according to law article 832 of the Civil Code) and Testamentair (Will). Meanwhile, in Islamic law, men get two parts, while women get one part (2:1). When a man marries, the inheritance he receives from his parents will be used to pay the dowry and support his wife and children.  

Dika Ratu Maru’atun; Dwi Juniyanto; Wahyu Rivaldi; Asep Sunarya

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Current developments have brought many changes to Indonesia. The many changes that have occurred have not changed one thing in Indonesia, namely heritage. This problem is what triggers arguments between families and the Indonesian people because they don't want to know how inheritance is distributed according to civil law, so as a result they divide inheritance assets at will and do not comply with the Civil Code regarding inheritance. Article 830 of the Civil Code states that inheritance law is the law that regulates the legal position of a person's assets after he dies, especially the transfer of assets to other people. This research also aims to determine the distribution of inheritance assets to heirs according to civil law (BW). In BW (civil) inheritance law, in terms of inheritance, there are three important elements, namely Heir (erflater), Heir (erfgenaam) and Inheritance (Nalatenshap). In the Civil Code there are four groups of heirs, namely Group I, Group II, Group III and Group IV. The research method used is a normative legal research method, namely legal research which focuses on literature study and the data used in this research is in the form of books, journals, laws, other references which are collected and processed to be presented to meet the need for new knowledge and ideas.

Chusnia Chusnia; Diyan Ibaidah Ayogi; Muhammad Ichlasul Amal; Sumriyah Sumriyah

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Indonesia is an archipelagic country which has different legal characteristics, namely community life in villages which is closely related to family ties, which does not rule out the possibility that problems will arise such as the problem of dividing inherited land which often causes disputes within the family. This journal discusses legal solutions to the infringement of inherited land rights by non-heirs. The author emphasizes that seizure of inherited land by non-heirs can cause disputes and conflicts, as well as impact personal interests. Empirical juridical research method, using a statutory approach. The aim of this research is to find out the regulations for the distribution of inherited land rights and to understand the legal consequences of encroachment on inherited land rights by third parties. The results of this research show that the division of inheritance rights over land is regulated by the inheritance law that applies in Indonesia, there are three systems of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law, and Civil Inheritance Law, and the regulation of the distribution of inheritance rights over inheritance that applies in Indonesia. The legal consequence of encroachment on inheritance rights by a third party is that the heirs receive compensation for material and immaterial losses resulting from unlawful acts calculated in the form of money or by replacing goods or objects that have been damaged or confiscated, according to the value of the goods.      

Maria Marliana Nona Yeti; Sukardan Aloysius; Darius Mauritsius

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Inheritance is wealth which can be a collection of assets and liabilities from the heir which is transferred to the heirs. In inheritance law, a principle applies, namely that if an heir dies then by law his rights and obligations immediately pass to his heirs. The division of inherited assets can have legal impacts in society which occurred in the Sikka Krowe Tribe community, specifically in Klotong Hamlet, Bura Bekor Village, Bola District, Sikka Regency between disputed heirs. The problem formulation of this research is 1. What are the reasons for the struggle between heirs? 2. What is the process for resolving property disputes between heirs? And 3. How is the distribution of assets resulting from struggles between heirs viewed from the customary law of the Sikka Krowe tribe, Bola District, Sikka Regency? This research is empirical legal research. The data sources in this research are primary and secondary data sources. Data management and analysis techniques are editing, classification and description, then the data obtained, both primary and secondary data, will be processed and analyzed by researchers based on the problem formulation. Based on the research results, the reason why there is a struggle between heirs in inherited land disputes is that the family does not know the exact status of ownership of the inherited land and the factor of poor communication between the two parties. Settlement of disputes or disputes Done through utun omok (gathering to find a way out) includes: presenting family parties, deliberation or mediation (kula babong), decision making, settlement and returning decisions to the parties in dispute. Distribution of land inheritance using a patrilineal kinship system, namely distribution that is directly given to sons as the main heirs and gets more inheritance.

Sri Susanti Auna; Mutia Ch. Thalib; Dolot Alhasni Bakung

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out the legal rules regarding the parentage of stepchildren in the distribution of inheritance according to the Civil Code and the Compilation of Islamic Law and to find out the legal consequences of having stepchildren inherit from their stepparents in Kualalumpur Village, Kec. Paguyaman. This research uses the Normative/Empirical Juridical type of research. The results of this research found that the position of stepchildren in inheritance distribution according to the Civil Code and KHI is that stepchildren are not classified as heirs of their stepparents, stepchildren can only inherit from their biological parents even if they were brought to their biological parents' most recent marriage. Under Islamic law, stepchildren can inherit their stepparents' inheritance by means of a will. The Impact of Position Law on Stepchildren Inheriting From Their Stepparents in Kuala Lumpur Village, District. Paguyaman is: Stepchildren do not inherit from their stepparents, stepchildren become an obstacle which results in a reduction in their stepparent's share, stepchildren can only be given a compulsory will.  

Ahmad Fandika; Octa Fio Dila; Dwi Noviani

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

This research examines the importance of transparency and fairness in the distribution of inheritance according to Islamic law in the modern era. The main problem faced is dissatisfaction and conflict between heirs due to unfair and non-transparent distribution. The purpose of this research is to identify how the principles of transparency and fairness can be applied in the distribution of inheritance in accordance with Islamic law, in order to maintain harmony and justice in the family and society. The research method used is a qualitative approach with a literature study, which involves collecting data from various literatures related to Islamic inheritance law. The results showed that transparency can be achieved through clear documentation, open communication, and the use of technology to digitize inheritance documents. Fairness in inheritance distribution emphasizes that gender differences do not affect inheritance rights, with men and women having equally strong rights, although there are differences in the amount of shares received based on utility and need. In conclusion, applying the principles of transparency and fairness in the distribution of inheritance according to Islamic law is crucial to avoid conflicts and ensure justice in families and societies in the modern era.

Eka Cahya Putri; Della Puspita; Muhammad Fathan; Dwi Noviani. M.Pd. I

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

In the modern era, social dynamics continue to develop, including in terms of inheritance distribution. The issue of dividing inheritance for children after the death of parents is increasingly complex, with various factors that need to be considered. This journal aims to answer and analyze the comparison of the inheritance process for GS as an only child upon the death of both parents according to the Islamic legal system that applies in Indonesia and ensure that Islamic law remains relevant and in accordance with the needs of children in modern times. This journal uses a qualitative approach with literature study methods and critical analysis. Data is collected from various sources, including scientific journals, news articles, and research reports. Research findings show that the distribution of inheritance to children after the death of parents is influenced by various factors, such as social norms, culture, religion and law. This journal refers to efforts to reinterpret Islamic law regarding the distribution of inheritance to children after the death of parents by considering the current social, cultural and political context. Current social dynamics, such as changes in family structure, individualism, and globalization, also influence the inheritance distribution process. The division of inheritance in this journal takes a deeper look at inheritance rights to GS. The condition of GS, who is still a child, is not legally competent to take legal action. In this case, GS's grandfather and grandmother from BA are the guardians based on the paternal lineage attached to them who are the guardians. Further research is needed to understand the complexity of inheritance division in different social contexts. It is necessary to provide education and outreach to the public about the importance of proper inheritance planning and in accordance with applicable social norms and Islamic law.

Syahrando Muhti; Reky Yuliansyah; Trianda Lestari

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

There are 3 forms of inheritance systems in Indonesia, namely Islamic inheritance, customary inheritance and civil inheritance (BW). There are various different division systems and different sources. Islamic inheritance law is based on the Koran and the Prophet's Sunnah, customary inheritance law. based on customary/hereditary provisions, while civil inheritance is based on the provisions of civil law regulations part book II. However, in the division of inheritance there are still problems that occur, giving rise to conflicts and even inheritance disputes. This research uses legal theory, quoted from the opinion of expert Santoso Pudjosubroto, who believes that inheritance law is a law that regulates whether and how the rights and obligations regarding a person's property when he dies will be transferred to other people who are still alive. This research method uses a normative method by referring to regulations in the inheritance law distribution system, such as the Compilation of Islamic Law, customary law, and BW. So the title that can be drawn from this research is Problems in the Implementation of Inheritance Division.

Adistia R. Nur; Nur Mohamad Kasim; Dolot Alhasni Bakung

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aim of this activity is to provide an understanding of the fair distribution of inheritance in cases of fighting over inheritance rights using several types of settlement methods. To give people an understanding that the position of a will is very important in Indonesia and even if it is not carried out according to existing procedures then the will is not legally valid. This type of research is normative-empirical legal research. According to Abdulkadir Muhammad, what is meant by normative-empirical legal research (applied law research) is research that uses normative-empirical legal case studies in the form of legal behavioral products. The results of the research obtained regarding the granting of wills that did not comply with procedures were that there were conflicting norms due to the public's lack of understanding of the regulations for granting valid wills. In conclusion, the legal status of wills will be very well maintained if the community is able to apply the legal procedures that the law has established because everything we do will definitely be directly related to the law, as we know as citizens of Indonesia, we are a country that upholds the law. justice for human rights, in its application laws are made to provide legal certainty to the community, it only remains for the community itself to be able to implement it or not, because if seen from a civil law perspective, everything that is done by humans is not in accordance with the law. existing then the action can be null and void by law.

Adelina Amanda Dwi Syahputri; Grace Adinda Simamora

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Inheritance law is a regulation that regulates the legal position of the assets of a person who has died, which will later change hands to another person who has the right to receive the assets. Inheritance law in Indonesia applies 3 (three) types of inheritance law, namely customary inheritance law, Islamic inheritance law, and western inheritance law. In carrying out this inheritance system, in its implementation there are still several errors and unlawful acts committed by the parties, such as in decision NO. 537 K/Pdt/2017. In this decision, it was discovered that there were unlawful acts in the distribution of inheritance in the Batak tribe. The Batak tribe adheres to a patrilineal family system, which means that the bloodline is drawn from male parents or fathers, so that the position of fathers or men in traditional society can be said to be higher than women.

Arman Arroisi Hatta; Josua Arya Subagiyo

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

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

Izdihar Luthfiyyah Surya Gerhana; Elip Intan Pratiwi

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

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

Kresia Kresia; Muhammad Riyan Wahyuda; Daryll Alessandro Indratmoko

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

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.

Vella Septia Renanda; Azzahra Sania Wahyu

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The Indonesian nation has very diverse tribes, cultures, languages ​​and religions because it has many islands. Each region certainly has its own traditions, customary laws and traditional communities and the Indonesian state recognizes the existence of customary laws within the community. The kinship system influences a rule in customary law. In Bali, the distribution of inheritance is based on a patrilineal kinship system, where in this system the son is the one who continues the family and is prominent. This research discusses the female inheritance system in Bali in Balinese customary law. We conducted research with the aim of exploring the position of female heirs in the traditional inheritance system in Bali and to find out and analyze the efforts made by female heirs to obtain inheritance rights. We use a research method, namely a qualitative approach, which means providing an explanation of the position of heirs in narrative form.

Arif Bijaksana

Jurnal Manajemen dan Pendidikan Agama Islam 2023 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

In Islamic inheritance law, it is a law derived from the Qur'an where the truth of the teachings or theories is absolutely true because it is a revelation from God. Islamic inheritance law in general theory is a law conveyed by Allah SWT to the Prophet Muhammad SAW to be applied and made law by mankind. In legal philosophy it is said that the law is for humans, in Islam the Islamic inheritance law is absolute because it has been regulated in it. Problems arise in its application in society, especially in terms of the rights and acquisition of the second wife, third wife and fourth wife. There is discrimination in the distribution of inheritance that violates existing rules and provisions and there is a mental attitude that does not or is reluctant to carry out and follow the provisions of Islamic inheritance law regarding the acquisition and inheritance rights of the second wife, third wife or fourth wife.

Roselli Anjelina Lumbansiatar; Rahma Dhani Fitria Sinaga; Agatha Sofia Simanjuntak; Syuratti A Rahayu Manalu

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Inheritance law is a provision that regulates matters of property. If it is not regulated in detail, this will result in disputes within the family, even disputes will have very fatal consequences, even bloodshed between the family itself, sometimes because the influence of custom or law is still very strong. custom, namely by postponing the distribution of the heir's inheritance. To avoid this, rights are required that are recognized or granted by law and must also be attached to the person's responsibilities, if they are protected. Benefits or rights recognized or granted by law must also attach to the person's responsibilities. The method in this research is a qualitative method with a statutory approach and a conceptual approach where this writing examines statutory regulations and examines legal concepts contained in the articles contained in legal regulations, especially regarding the role of notaries in determining rights and responsibilities. the heir's responsibility from the perspective of Islamic law. In this case, the Notary has an important role in a will because they ensure its legality, validity and execution in accordance with the law. They help prevent inheritance from becoming available and ensure that the will's wishes are legally fulfilled.