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This study aims to analyze the legal protection of women's inheritance rights from the perspective of Indonesian civil law. The problems studied focused on the position of women as heirs and the extent to which the legal system provides guarantees of justice and equality. The research method used is normative juridical with a legislative and conceptual approach. Data was obtained through a literature study of legal regulations, doctrines, and court decisions relevant to inheritance issues. The results of the study show that normatively, civil law provides equal recognition of women's inheritance rights, especially in the Civil Code. However, in practice, there are still obstacles influenced by patriarchal culture and customary law that tend to place women in subordinate positions. This condition causes women to often experience difficulties in claiming or obtaining the proper share of inheritance. Therefore, it is necessary to strengthen regulations, harmonize national laws with the value of gender equality, and increase public legal awareness to ensure effective and fair protection for women in obtaining their inheritance rights.

Mixed marriages are a social phenomenon that is increasingly prevalent with globalization and mobility between countries. The problems arising from mixed marriages not only concern social aspects but also impact the citizenship status and inheritance rights of the parties. This study aims to analyze the legal consequences of mixed marriages on citizenship and inheritance rights from the perspectives of civil law and Islamic law. The method used is normative-comparative research with a legislative and conceptual approach. The results reveal fundamental differences between civil law and Islamic law in regulating citizenship and inheritance rights in mixed marriages. Civil law emphasizes administrative and national aspects, while Islamic law focuses on religious and lineage aspects. These differences lead to variations in the recognition of citizenship and inheritance of property, potentially creating legal uncertainty for the parties. Therefore, harmonization between civil law and Islamic law is essential to create legal certainty and justice, particularly in the context of inter-national and inter-religious marriages in Indonesia

The distribution of inheritance is an important issue in Indonesian society which adheres to a plural legal system, namely Islamic law, customary law, and western civil law. One of the issues that often raises differences of opinion is the position of biological children and adopted children as heirs. In Islamic law, the right to inherit is based on the relationship of the nasab so that the biological child gets a clear share, while the adopted child does not have the right to inherit but can still be given a share through a grant or obligatory will. In contrast, Toba Batak customary law emphasizes the patrilineal principle, whereby sons, including legitimate adopted children through mangain customary ceremonies, are positioned as the successors of the clan and are entitled to inheritance except hereditary inheritance. This study uses a literature study method by examining literature related to Islamic law and Batak Toba customary law and qualitatively analyzed. The results of the study show that the difference in principles between these two legal systems gives birth to social and legal conflicts in the Batak Muslim society, especially when religious and customary values must be carried out together. However, opportunities for harmonization remain open through the application of the principle of justice that recognizes the position of adopted children in customary structures, as well as upholding sharia by granting rights through the mechanism of compulsory wills. These findings emphasize the need for an integrative approach in resolving inheritance disputes in order to create legal certainty, social justice, and maintain cultural and religious harmony.

This study is based on the urgency of examining the inheritance rights of adopted children after their adoptive parents separate, examined from the perspective of Islamic law and positive regulations applicable in Indonesia. The main objective of this study is to analyze the legal status of adopted children and their inheritance rights after the adoptive parents' divorce based on both legal frameworks. The methodology used is a literature study by gathering information from various relevant references and regulations. The findings of this study indicate that under Islamic law, adopted children are not automatically entitled to inheritance, but can receive a gift, will, or mandatory will with a maximum limit of one-third of the adoptive parents' assets. Meanwhile, under Indonesian positive law, the inheritance rights of adopted children depend on the court's decision during the adoption process, and even though the adoptive parents have divorced, the inheritance rights remain recorded in accordance with the existing court decision. These findings reflect the need for legal certainty to protect the rights of adopted children and emphasize the importance of clear regulations to avoid inheritance conflicts after divorce. This study is expected to serve as a reference for policymakers and legal practitioners in addressing issues related to the inheritance rights of adopted children.

This study aims to analyze the normative provisions regarding women's inheritance rights in three legal systems applicable in Indonesia, namely Islamic law, customary law, and civil law. These three systems have different legal bases, values, and mechanisms in regulating inheritance rights, especially regarding the position and rights of women as heirs. Islamic law determines women's inheritance shares based on the provisions of the Qur'an and Al-Hadith or As Sunnah with the principle of proportionality according to socio-economic responsibilities in the family. On the other hand, customary law is highly dependent on the local kinship system, whether patrilineal, matrilineal, or bilateral, which causes great variation in granting inheritance rights to women. Meanwhile, civil law originating from the Civil Code emphasizes equality between men and women in inheritance rights, without gender differentiation. This study uses a normative legal approach with a qualitative analysis method on primary and secondary legal materials. The results of the study show that although normatively civil law and several customary law systems provide space for equality, in social practice and cultural interpretation of women in obtaining inheritance rights, harmonization between legal systems is still needed, as well as increasing legal awareness in society for women. This study also emphasizes the importance of strengthening the role of the state and law enforcement officers in implementing inheritance rights for women.

In the community of Langkuru Village, Pureman District, Alor Regency, there are often illegitimate children who cause problems because they become a topic of discussion in the community. The process of resolving illegitimate children can be carried out with national law or through customary law as is done by the community of Langkuru Village, East Nusa Tenggara (NTT). The settlement of illegitimate children according to customary law in Langkuru Village, Pureman District, Alor Regency, East Nusa Tenggara, is usually resolved in the Customary Warehouse (langwah) because the Customary Warehouse (langwah) is a place of peace for customary problems and never has to get a court decision because basically the residents of Langkuru Village can resolve it by mutual agreement, either a joint agreement with the family or a joint agreement according to custom. The position of illegitimate children in the distribution of inheritance in Langkuru Village remains the same as the distribution of inheritance against legitimate because it adheres to the matrilineal customary system. This type of research uses an empirical legal research type with a sociological legal approach and primary data sources and secondary data are then analyzed descriptively qualitatively.

This study examines the issue of distributing inheritance rights in the context of religious differences among heirs, which is often a complex issue in Islamic law. In traditional fiqh, heirs of different religions are generally not entitled to receive a share of a Muslim's estate. However, the maqashid shari'ah approach, which focuses on the purpose and wisdom of shari'ah, opens up opportunities to reinterpret such rules in light of the principles of justice, beneficence and family harmony. This study aims to analyze how maqashid shari'ah can be applied to provide a solution to the issue of inheritance rights for heirs of different religions. Using normative research methods, this study identifies the relevance of maqashid shari'ah in maintaining social stability, avoiding conflict, and ensuring family welfare. One of the approaches discussed is the application of mandatory wills as a mechanism to provide financial rights to non-Muslim heirs without violating the basic principles of shari'ah. The results show that maqashid shari'ah offers flexibility in addressing contemporary challenges, including the issue of interfaith inheritance. This approach not only emphasizes the importance of maintaining family relationships, but also creates a balance between normative justice and the practical needs of modern society.Thus,maqashid shari'ah becomes a relevant framework to answer inheritance issues in the context of religious differences.  

Mixed marriages raise several issues and have impacts related to legal relationships. Such as citizenship, marriage agreements, divorce issues, custody rights for children born in mixed marriages and inheritance rights for children arising from these marriages. This research uses a normative doctrinal approach. Because in concept this research is sourced from written norms. Therefore, the research is carried out through the analysis of laws and regulations related to inheritance rights for children who have been born from mixed marriages. Therefore, the study carried out is only “limited” to the (written) laws and regulations related to the object under study. The results show that children born from mixed marriages also have legal protection. The existence of universal citizenship principles contained in Law No. 12/2006 on citizenship, such as the principle of ius sanguinis; determining the citizenship of a child from his descendants; the principle of ius soli, determining the citizenship of the child from his birthplace; the principle of single citizenship, emphasizing that every child can only have one citizenship; and the principle of dual citizenship, providing dual citizenship for every child in accordance with the decision of the Act.  

Marriage in Indonesia is regulated by Law Number 1 of 1974 which requires implementation according to religious law, but interfaith marriages often cause problems, especially in inheritance rights. Indonesia recognizes three inheritance law systems: Islamic, civil, and customary, which regulate inheritance differently. Children from interfaith marriages often face inheritance obstacles, especially if there are differences of faith between the testator and the heirs. Several court decisions provide inheritance rights through a mandatory will, but are limited to one-third of the inheritance. Existing solutions include preparing a clear will, mediating disputes, and involving a notary to validate documents. A comprehensive approach through legal education and collaboration between the government, non-governmental organizations, and the community is needed to provide legal certainty and justice for children from interfaith marriages.

According to the provisions of the Covenant, if the unmarried child is not recognised by his father or his mother, he shall be deemed not to have a legal relationship with his parents. Therefore, if a child is recognized and followed by the confirmation of the child from his parents, the child may inherit the inheritance of the parent who acknowledges it, with the division of the legacy prescribed by law. Under the Marriage Act, Act No. 1 of 1974 (Article 43, para. (1)), unrecognized children automatically have civil relations with their mothers and their families. The right and status of the out-of-marriage child to the inheritance of the parent who acknowledges it at the confirmation of the child is basically the same as the legal child. The recognized and certified off-marital child is the heir who has the same rights as the child born in a legitimate marriage.

The purpose of this study is to find out the inheritance status of children outside of marriage and the division of inherits based on MK decision No. 46/PUU-VIII-2010. The results of the study show that because the out-of-marriage child and his biological father have a blood relationship, the Constitutional Court's ruling can be regarded as reinforcing the status of the off-marital child to acquire the right of inheritance from his biologic father. MK Decision No. 46/Law-VIII-2010 only deals with civil relations and does not regulate the inheritance. Therefore, the decision does not specify how much inheritance children can acquire outside of marriage.

This study examines the comparison of inheritance rights of adopted children from the perspective of Islamic law and civil law in Indonesia. The background of the research is the importance of a clear understanding of the legal status of adopted children, given the growing number of couples adopting children because of the inability to have children. The aim of this study is to explain and compare the inheritance rights of adopted children in both legal systems. The method used is normative research with legislative approaches, examining regulations, laws and related regulations. The results of research show that in Islamic law, the adopted child is not entitled to inherit property from the foster parent because there is no national relationship, but can be given property through a will with a maximum of 1/3 of the inheritance. The implications of these findings are the need for harmonization of laws and policies that can provide legal certainty and justice for adopted children in Indonesia, accommodating the differences between the two legal systems.    

This study aims to analyze the division of inheritance rights based on the Hadiths of Bukhari and Muslim and the Articles of the Civil Code; how the division of inheritance rights is viewed in the perspective of the Hadiths of Bukhari and whether it is in accordance with the provisions of the Civil Code. The research method used is document analysis, collecting data from Islamic law and civil law literature and comparing the two. The results show that the division of inheritance rights in the Hadiths of Bukhari emphasizes the principles of equality and justice for heirs, while the Civil Code regulates the division of inheritance rights based on lineage and the number of heirs. So, the division of inheritance rights in the Hadiths of Bukhari emphasizes the principles of equality and justice, while the Civil Code regulates the division of inheritance rights based on lineage and the number of heirs, thus indicating a difference in approach in determining inheritance in the context of Islamic law and civil law in 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.

The purpose of the study was to examine and analyze the legal protection of the wife's inheritance rights from unregistered marriages associated with the function of registering marriages with a comparative study of Islamic Fiqh and Law No. 1 of 1974. The research method of this writing is a normative juridical research that refers to the Qur'an. , Al-Hadith, Books of Fiqh, Legislation and related books that are relevant to this research. The data analysis technique used is a literature study which was analyzed qualitatively. The results of this study are that the second wife's inheritance rights from unregistered marriages are associated with the function of registering marriages. They have the right to inheritance which is owned jointly by the inheritance in the form of husband's innate property and joint property obtained by the second wife and her husband during the marriage period for the sake of a sense of justice and legal protection, legal protection of the second wife's inheritance rights in this study that to obtain inheritance rights and recognition to legalize marriages to religious courts. the results of the marriage itsbat as the legal basis for recording the marriage to the marriage registrar at the Office of Religious Affairs, then a Marriage Certificate Quotation Book is issued as authentic evidence that a marriage has been registered. So the legal protection and legal certainty of the second wife's inheritance rights from unregistered marriages associated with the function of recording marriages can obtain legal inheritance rights.

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.

Penelitian ini bertujuan untuk mengetahui hak waris anak angkat yang tidak didaftarkan, pertimbangan orang tua angkat dalam memberikan harta warisan, serta perlindungan hukum yang tersedia bagi anak angkat yang tidak didaftarkan. Dalam masyarakat patrilineal atau matrilineal, jika orang tua tidak memiliki keturunan atau penerus keturunan, maka kemenakan bertali darah diangkat sebagai pengganti. Anak kemenakan ini diurus, dipelihara, dan diberikan pendidikan atas dasar rasa kekeluargaan dan perikemanusiaan. Metode yang digunakan dalam penelitian ini adalah kualitatif dengan pendekatan yuridis empiris. Pendekatan ini berdasarkan pada hukum yang berlaku dan kenyataan dalam praktek, yang bersumber pada data primer berupa wawancara langsung dan data sekunder berupa kepustakaan. Hasil penelitian menunjukkan bahwa anak angkat yang tidak didaftarkan tidak berhak mendapatkan warisan dari orang tua angkatnya karena secara status anak angkat tidak dapat menjadi ahli waris. Namun, anak angkat tetap memiliki porsi dari pembagian harta yang di tinggalkan oleh orang tua angkatnya, yaitu dengan hibah atau wasiat wajibah yang bagianya diatur maksimal hanya 1/3 dari harta pewaris. Pertimbangan orang tua angkat dalam memberikan harta peninggalan kepada anak angkatnya bukan hanya berdasarkan status sebagai anak angkat, melainkan juga karena orang tua angkat masih memiliki hubungan keluarga dengan orang tua kandung dari anak angkat tersebut yang sudah meninggal. Perlindungan hukum bagi anak angkat yang tidak didaftarkan bisa didapatkan berdasarkan KHI Pasal 209, ayat (1), serta ketentuan-ketentuan lain yang mendukung. Oleh karena itu, meskipun tidak didaftarkan, anak angkat tetap memiliki hak yang dilindungi oleh hukum dan dapat menerima bagian dari harta peninggalan orang tua angkatnya melalui hibah atau wasiat wajibah.

Indonesia adalah negara dengan mayoritas penduduk beragama Islam sehingga membuatnya juga menggunakan sistem hukum Islam tak terkecuali dalam hal pewarisan. Seiring dengan perkembangan zaman, muncul permasalahan waris yang lebih kompleks seperti adanya utang yang belum dibayarkan oleh Pewaris. Terhadap permasalahan tersebut, dalam hukum kewarisan islam ahli waris bertanggung jawab untuk menyelesaikan utang yang ditinggalkan oleh Pewaris.    

Pembagian warisan di antara para ahli waris secara adil sesuai dengan prinsip-prinsip hukum Islam ditentukan oleh pengaturan hak waris menurut hukum Islam. Persoalan warisan saat ini terkait dengan warisan kepada anak kandung yang bukan muslim atau non muslim, hal ini dikarenakan peredaran harta warisan kepada anak non muslim atau berbeda agama jelas tidak diperbolehkan. mendapatkan. Penelitian ini menggunakan metode penelitian hukum normatif yang menitikberatkan pada pendekatan perundang-undangan dan produk perilaku hukum. Oleh karena itu, dalam prakteknya, hakim masih dapat menggunakan putusan pengadilan untuk menentukan hak waris berdasarkan wasiat wajib bagi anak kandung non muslim atau agama lain. Hal ini bertentangan dengan Pasal 171 huruf (c) Sidang Hukum Islam (KHI) yang memaknai bahwa pengaturan umum sebagai penerus utama adalah dia harus beragama Islam, segala sesuatunya sama, pilihan memberikan pemerataan dan keadilan. keuntungan bagi keluarga.