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Aulia Rahmah Dwiyanti; Zenita Delia Reviska; Salzabilla Cinta Aurellya

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Every human being will experience death, and will leave his property to his heirs. Indonesia adheres to three inheritance law systems, namely Islamic inheritance law, customary inheritance law, and western inheritance law (Burgerlijk Watboek). Customary inheritance law is a hereditary belief that regulates the distribution of wealth, both material and immaterial, to heirs. Toraja society adheres to a patrilineal system in its customary inheritance law, where inheritance rights are inherited through the male lineage. The Toraja traditional inheritance system has two main concepts, namely pa'tallang and pa'rinding. Pa'tallang Refers to the process of dividing inherited assets based on sacrifices made by the heirs during the testator's lifetime. The greater the sacrifice made, the greater the inheritance rights obtained. Meanwhile, pa'rinding is related to animal sacrifice during death ceremonies, which is also a determining factor in the distribution of inheritance. The results of the research show that adopted children who are recognized by custom can receive almost the same inheritance as their biological children, especially if the deceased person does not have biological children. In addition, biological children who do not participate in this ceremony may face serious consequences in terms of their inheritance rights, which can lead to reduced rights or even loss of inheritance rights altogether.  

Tiena Masriani, Yulies

Perigel: Jurnal Penyuluhan Masyarakat Indonesia 2024 Universitas 17 Agustus 1945 Semarang

Indonesia, as a rule-of-law state (rechstaat), regulates the life of the nation and state based on law, as reflected in the provisions of civil law that govern relationships between individuals, including matters of inheritance. Inheritance distribution in Indonesia follows various legal systems, such as Islamic inheritance law, civil inheritance law, and customary law, each with different principles and rules. Inherited assets include a wide range of properties, such as movable and immovable assets, property rights, debts, money, businesses, and wills. In practice, the distribution of inheritance in Indonesia often involves an administrative process requiring a Certificate of Inheritance Rights (Surat Keterangan Hak Waris or SKHW) to verify who is entitled to inherit and the share each heir is entitled to receive. This study aims to educate the public, particularly customers of Bank Rakyat Indonesia, about inheritance law and the procedures involved. Additionally, the research highlights the crucial role of notaries as Land Deed Officials (Pejabat Pembuat Akta Tanah, PPAT) in the legalisation of inheritance ownership, particularly concerning the management of land certificates and other legal documents. Through community service conducted at the Bank Rakyat Indonesia (BRI) branch in Central Semarang, this study educates the public on inheritance rights and the role of notaries in ensuring the legal validity of inheritance distribution in accordance with applicable laws. Indonesia's plural inheritance law system provides flexibility in choosing the applicable legal system, whether Islamic law, civil law, or customary law. In the case of disputes, notaries play a role in resolving conflicts by creating peace agreements, cancellation deeds, or waivers of claim deeds. This study is expected to help the public better understand inheritance law and the role of notaries in ensuring that inheritance rights are distributed fairly and legally in accordance with the prevailing laws.

Dinda Putri Hasanah; Hanifah Hanifah; Royhana Safitri; Sri Mei Ulfani; Wismanto Wismanto

Nian Tana Sikka : Jurnal ilmiah Mahasiswa 2024 Fakultas Ekonomi & Bisnis, Universitas Nusa Nipa

This article discusses the application of faraidh principles in the context of contemporary society, focusing on the challenges and solutions faced in inheritance distribution. The background of this research is based on the need to understand how the Islamic inheritance system can function amidst changing social dynamics, including the influence of local culture and gender inequality. The purpose of the study is to explore the community's understanding of faraidh, as well as to identify factors that influence the practice of inheritance distribution. The method used in this study is a qualitative method with a library research approach. The results of the study indicate that many individuals still have a knowledge gap regarding their rights in the faraidh system, which often results in inheritance. In addition, the influence of patriarchal culture and the weakness of formal education regarding inheritance law also contribute to injustice in the distribution of property. This study recommends the need for better education, the use of technology to access information, and collaboration between various parties to improve the understanding and application of faraidh principles. With these steps, the hope of justice in inheritance distribution can be realized effectively in society.

Nabilla Rahmadhani; Fanny Putri Natasya; Jihan Nurfajrina Radhwa

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

Batak Toba is a tribe with strong customs in Indonesia. One of the applicable values ​​and norms is regarding the process of dividing inheritance among descendants. The existence of male descendants in Toba Batak society is very important to continue the clan. However, not all family members have male offspring. So, the tradition of buying clan (manuhor clan) emerged to overcome this. This phenomenon gives rise to differences in the distribution of inheritance for biological male descendants and male descendants of the clan. This writing provides an understanding of the legal review of the process of dividing customary inheritance for biological male descendants and sons belonging to the clan in Batak Toba. This problem will be studied using normative methods with the perspective of Toba Batak traditional inheritance law through legal studies, journals and research that has been carried out by previous researchers. This writing discusses the implementation of inheritance distribution between biological sons and sons who bear the clan in Batak Toba based on previous research analysis and community customs. The originality of this research explains the role of customary inheritance law that applies in the Toba Batak community in the process of dividing inheritance between biological sons and sons of the clan by showing the similarities and differences that occur.    

Samriadin Samriadin

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Inheritance distribution in Islam is one of the legal aspects regulated in detail in the Qur'an, hadith, and fiqh. Islamic inheritance law aims to provide justice and order in the distribution of a person's inheritance after death. This discussion is not only limited to the rights and obligations of heirs, but also includes dispute resolution mechanisms in various social and cultural contexts. In practice, inheritance problems from Muslims also intersect with non-Muslims, which can give rise to different perceptions among heirs or children of heirs who are not included in the heir group but receive a mandatory will in accordance with the provisions of positive law in relation to the distribution of inheritance of Muslims. In this study, the problem raised is how is the distribution of inheritance to non-Muslim children who receive mandatory testamentary rights over the inheritance of their Muslim parents, a case study of the Tigaraksa Religious Court decision Number: 1657/Pdt.G/2020/PA.Tgrs dated November 25, 2020. The purpose of this study was to determine the distribution of inheritance to non-Muslim children who receive mandatory testamentary rights over the inheritance of their Muslim parents. The results of the study showed that even though they do not have the status of heirs, non-Muslim children of the testator receive a mandatory testamentary share from the inheritance of their deceased parents (Heir) which does not exceed the share of the smallest heir or is equal to the share of the inheritance of a daughter. The inheritance is reduced by the testator's debt and is then divided into two parts, part of which is the joint property of the Heir and his wife, then the inheritance rights and mandatory testamentary rights are divided.

Bunga Aldila Putri; Fandhika Al Khairi; Yusuf Taufiqurahman; Yuanita Fatma Anisa F; Deni Kurniawan

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

The meeting of foreign elements resulted from a relationship between foreign citizens (WNA) and Indonesian citizens (WNI) which resulted in the occurrence of International Private Law. Until now, the problem that can occur due to the existence of these two elements is regarding the status of children from extramarital relationships between foreigners and Indonesian citizens. This will happen because there are many considerations regarding the child's status, such as the laws of the country where the child was born and the laws of the country where both parents come from. There are a number of countries that adopt the jus soli principle, which means that the child will be considered a citizen of the country where he was born. This is different from other countries that apply the jus sanguinis principle, which means that the child will obtain citizenship status from one or both parents, regardless of where the child was born. Seeing this problem, this research discusses the status of the child if this occurs because a relationship is not registered as a marriage relationship. Then there is another discussion regarding the distribution of inheritance if the marriage relationship is not recorded. In this research, the method applied is the normative juridical method by looking at existing data and presenting it descriptively. It is hoped that with this research readers will be able to understand and add information related to the research.  

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 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.

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.  

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.  

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.

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.

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.