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1
Wilda Permatasari, Gibtha, Yuliati Yuliati, and Herman Suryokumoro. "Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law." Unram Law Review 2, no. 2 (October 20, 2018): 153–65. http://dx.doi.org/10.29303/ulrev.v2i2.47.
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This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.
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Adhi, Yuli Prasetyo, Triyono Triyono, and Muhyidin Muhyidin. "Questioning the Customary Inheritance Law After Law No. 3 of 2006 about Religious Jurisdiction." Indonesian Journal of Advocacy and Legal Services 3, no. 1 (March 24, 2021): 111–22. http://dx.doi.org/10.15294/ijals.v3i1.45728.
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Customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. Indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, Moslem’s inheritance law, and customary inheritance law. Legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make law suit and dispute resolution. UU No 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (Amendment) against UU No 7 of 1989 about religious jurisdiction. UU No 3 of 2006 is giving significant impact against the existence of custom inheritance law in Indonesia. Before this constitution is created, religious jurisdiction can accept customary inheritance disputes for Moslem people according to the criteria which have been stated in UU No 7 of 1989. Since UU No 3 of 2006 is created, therefore customary inheritance law, even though the heirs are Moslem, must follow the district court mechanism. This will provide increasingly narrow space for the existence of customary law in the future. This program is held in Pati, Central Java, where custom inheritance law still exists and is being used in Pati community. Dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in Indonesia.
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Kimber, Richard. "The Qurʿanic Law of Inheritance." Islamic Law and Society 5, no. 3 (1998): 291–325. http://dx.doi.org/10.1163/1568519981570294.
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AbstractThe Sunnī law of inheritance relies on a particular interpretation of the Qurʿanic inheritance verses. Even though Shīʾī inheritance law is strikingly different from Sunnī law, the Sunnī interpretation of the Qurʿanic texts has rarely been questioned. In this essay I propose a new interpretation of the relevant texts and examine the system of inheritance that this interpretation seems to imply. The system proposed is closer to Shīʾī than to Sunnī law, but even Shīʾī law shows the influence of characteristically Sunnī interpretations of the Qur'ān.
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Zhe, Yin. "The Law of Genetic Inheritance." Open Journal of Genetics 02, no. 01 (2012): 47–50. http://dx.doi.org/10.4236/ojgen.2012.21005.
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Irawaty, Irawaty, and Diyantari Diyantari. "Inheritance Laws in Indonesia." Hayula: Indonesian Journal of Multidisciplinary Islamic Studies 1, no. 2 (July 31, 2017): 99. http://dx.doi.org/10.21009/hayula.001.2.05.
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Indonesia implements civil law system. There are three sub legal systems which are implemented until today. They are: positive/national law system, Islamic law system, and Adat law system. The majority of Indonesians are Islamic believers. The people claim that they are a religious nation. However, the implementation of the inheritance law in accordance with the Islamic law and the Adat law is sometimes different. One of the ethnic groups which has different regulation in heritance is Minangkabau. Minangkabau inheritance adat law has been a controversy. It is because while they claim that all Minangkabau people are Islam, they implement an inheritance law that is said as violating the Islamic inheritance law. In Islam, inheritance is passed down to children, both daughter(s) and son(s) with the composition son(s) inherits two parts compared to daugther(s). Many people mislead that the Minangkabau inheritance law passes down the inheritance to daughter(s) only. This paper discusses: 1) how are inheritance matter regulated in each of the aforementioned sub legal system? 2) how is inheritance matter regulated in Minangkabau ethnic group?
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곽민희. "History and development of spouse inheritance in Korean inheritance law - Implications from the revision of the Japanese inheritance law-." 국제법무 11, no. 1 (June 2019): 1–33. http://dx.doi.org/10.36727/jjilr.11.1.201906.001.
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Luawo, Fipy Rizky Amalia, and Haswida Amalia. "The Implementation of Inheritance Based on The Tribe of Kaili Ledo and Islamic Inheritance Laws." Jurnal Dinamika Hukum 19, no. 2 (December 22, 2019): 318. http://dx.doi.org/10.20884/1.jdh.2019.19.2.2525.
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Law is an inherent part of Indonesian society, which does not only national law but also customary law. One of the customary laws in Indonesia is the Kaili customary law. Kaili customary law is only applicable to specific communities. Whereas Islamic law applies broadly to all Muslims. One of them is in the field of inheritance law. From many disputes that occur in inheritance law, the distribution of heritage in inheritance law has always been a major problem that occurs in society, both in Kaili's customary inheritance and Islamic inheritance laws. It is interesting to find out more that each of the rules has different dispute resolution where Kaili‘s customary inheritance law trusts Totua nu ada as a person who has the capability to distribute the heritage. This study was conducted by the Conceptual and Comparative Approach. In conclusion, Kaili indigenous community, are familiar with customary institutions, and, in Islamic law, they have the Religious Courts to resolve their inheritance disputes. Keywords: Customary Inheritance law, Islamic Law, Division of inheritance
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Fakhyadi, Defel. "Hukum Waris Mazhab Negara: Sebuah Tinjauan Sisi Maslahah (Studi Analisis Pemikiran Hazairin dan KHI)." JURNAL INDO-ISLAMIKA 4, no. 1 (June 20, 2014): 113–46. http://dx.doi.org/10.15408/idi.v4i1.1555.
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This article proves that the modernization of inheritance law is a form of reformation in Islamic law by taking into account the sociological condition of the society to achieve maslahah (maqasid al-shariah). Islamic inheritance law is influenced by the Arabic inheritance law in the pre-Islam era that followed patrilineal system, which influenced the mainstream thoughts of Islamic scholars in understanding inheritance law. This, in turn, resulted in patriarchal Islamic inheritance law. For that reason, it is necessary to re-interpret the law in order to construct a comprehensive fiqh (Islamic law). Hazairin’s thoughts are a revolutionary of inheritance law in Indonesia, such as bilateral inheritance, ahli waris pengganti and kala>lah. Some inheritance law reform contained in KHI are not addressed in conventional fiqh, because there are several aspects to be taken by Indonesian scholars whose ideas are not in conflict with the principles of Sharia (maslahah).
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Subekti, Subekti, and Suyono Yoyok Ucuk. "PEWARISAN BERDASARKAN HUKUM WARIS ADAT TERKAIT SISTEM KEKERABATAN DI INDONESIA." Jurnal Aktual Justice 5, no. 1 (June 8, 2020): 56–70. http://dx.doi.org/10.47329/aktualjustice.v5i1.520.
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There are three kinds of inheritance law in Indonesia, namely Islamic inheritance, Customary inheritance and BW inheritance. The scope of this writing is limited to customary inheritance law. The parts of customary law have a big influence on customary inheritance law and vice versa. Customary inheritance law has its own characteristics and characteristics that are unique to Indonesia, which is different from Islamic law and western law (BW). Because the difference lies in the natural background of the Indonesian people who have the philosophy of Pancasila with a society that is Bhinneka Tunggal Ika. The inheritance law that exists and applies in Indonesia to date is still not in the form of legal unification. The purpose of this study is to analyze the inheritance system according to the customary inheritance law related to the kinship system in Indonesia.The type of research used in this research is normative juridical research, namely research on legal systematic is research conducted on primary and secondary legal materials, the terms of reference used are the basic definitions contained in the legal system. The approach used is a conceptual approach, a statute approach and a case approach. Types of Legal Materials are primary legal materials and secondary legal materialsThe results of this study indicate that the inheritance system according to the Adat Inheritance Law does not refer to the kinship system of the customary law community. Customary law communities whose system of collective inheritance can occur are parental kinship systems. Heritage assets related to inheritance must be distinguished from the origin of the assets, because they are related to the kinship system that exists in the local customary law community, whether parental, patrilineal or matrilineal, because not all inheritance can be divided individually.
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Pandiangan, L. Elly AM. "A AN ANALYSIS OF HERITAGE LEGAL LAW FOR FOREIGN NATIONAL HEIRS ON THE PERMANENT OBJECT (PROPERTY) BASED ON CIVIL LAW." Advances in Social Sciences Research Journal 7, no. 4 (April 24, 2020): 186–96. http://dx.doi.org/10.14738/assrj.74.8080.
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In Indonesia, there is still no national legal entity regarding the inheritance law that can be applied to all Indonesian citizens. Therefore, the inheritance law that is applied to all Indonesian citizens is still different due to the classifications of the citizens. This study basically describes the inheritance rights of Foreign Citizens (foreigners) over fixed objects (treasure) especially the land in Indonesia. In the legal structure in Indonesia until now there has not yet been established national inheritance law provisions that regulate the rights of inheritance from foreign citizenship, while in the Basic Agrarian Law (UUPA) Law. No. 5 0f 1960, foreign nationals may not obtain ownership rights over land. Marriage law is legal, if it is done according to the law of each religion and belief as explained in article 2 paragraph (1) of law number 1 of 1974 concerning the marriage. Thus differences in citizens do not prevent a person from marrying and obtaining his inheritance rights, this difference in citizenship is a series of existing laws that are subject to customary law, how in terms of inheritance that are fixed objects will they be synchronized with International Civil Law (ICL) in obtaining objects that are usually done by way of buying and selling, grants, or by inheritance. The result of this study are the transfer of the inheritance of Foreign Citizens, especially regarding the land. Foreign citizens must relinquish their rights as heirs to the land, and within one year have to relinquish their rights. The rare several obstacles in the application of this law because there is no national inheritance law that regulates such cases because in religious and customary laws, there are no rules that limit the inheritance rights of foreign countries in Indonesia.
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Permata Basti, Nisa, Sanggup L Agustian, and Sekar Wiji Rahayu. "HUKUM WARIS DAN KEBUTUHAN BISNIS DALAM WARIS." Jurnal Aktual Justice 5, no. 1 (June 8, 2020): 71–94. http://dx.doi.org/10.47329/aktualjustice.v5i1.521.
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There are many branches of law related to business law, including Corporate Law, Insurance Law, Banking Law, Inheritance Law, Commercial Law, and so on. The three systems of inheritance law have different perspectives in determining who is the heir, as well as other matters concerning inheritance. This will be explained in the next chapter. The issue of inheritance law always has its own challenges in every case. Starting from the ones that are easy to handle to cases that cause minor wars between families, sometimes even lawyers seek profit from this inheritance law case.
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Nasution, Adelina. "PLURALISME HUKUM WARIS DI INDONESIA." Al-Qadha 5, no. 1 (July 1, 2019): 20–30. http://dx.doi.org/10.32505/qadha.v5i1.957.
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Law of inheritance in Indonesia up to now in a pluralistic (diverse). In the territory of the Unitary Republic of Indonesia, various inheritance legal systems apply, namely customary inheritance law, Islamic inheritance law and Western inheritance law listed in Burgerlijk Wetboek (BW). This legal diversity is increasing because customary inheritance laws that apply in reality are not single, but also vary according to the form of society and the family system of Indonesian society. Keywords: Pluralism, inheritance, custom
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Bisri, Hasan, and Ayi Ishak Sholih Muchtar. "Perbandingan Hukum Kewarisan Mawâni’ Irtsi dan Dzaw Al-Arham dalam Kompilasi Hukum Islam dan Undang-Undang Waris Mesir." TAJDID 28, no. 1 (July 15, 2021): 141. http://dx.doi.org/10.36667/tajdid.v28i1.424.
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This study aims to compare the inheritance law in Egypt with the existing inheritance law in the compilation of Islamic law in Indonesia. More specifically, this comparative study focuses on the issue of mawani’ irtsi (barrier of inheritance) and inheritance of dzaw arham (relatives of male or female). This is a qualitative research based on library research. The content analysis method is used to describe mawani’ irtsi and dhaw arham in the inheritance laws of Egypt and Indonesia. The results of this study indicate differences between the inheritance laws of Egypt and Indonesia; first: the compilation of Indonesian inheritance law always adjusts to the times, while the Egyptian inheritance law is still traditional by maintaining the views of classical scholars. This is evident when it explained one barrier to inheritance namely religious differences; second: Indonesian inheritance legal material explored classical books, studied modern legislation, and observed local traditions. This can be seen when it explained that men and women get the same share as long as the basis of their agreement. While Egyptian inheritance laws do not take into account modern legislation and do not adopt local traditions; third: the material description in the compilation of inheritance law in Indonesia is concise and sometimes general in nature while the description of the material inheritance law of Egypt is more detailed. This is seen when it explained one of the barrier of inheritance is intentionally killing an heir. In the inheritance law of Egypt, it is explained in detail about types of killings which are a barrier to inheritance, while in the compilation of Indonesian inheritance law is explained in general.
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Nugraheni, Prasasti Dyah. "LEGAL ANALYSIS OF LEGITIME PORTIE FOR CHILDREN IN INSIDE AND OUTSIDE LEGITIMATE MARRIAGE IN CIVIL CODE (BURGERLIJK WETBOEK)." JURNAL ILMIAH LIVING LAW 11, no. 2 (October 22, 2019): 106. http://dx.doi.org/10.30997/jill.v11i2.2098.
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Inheritance law in a Civil Code is one part of a civil law that has basic nature of regulating something and there’s no element of coercion in the inheritance law. Because this inheritance law is one part of a civil law that has basic nature of regulating, then in this inheritance law there are rules governing an heir to his assets as long as an heir’s still alive. To obtain an inheritance, it can be done in two ways, which include obtaining an inheritance based on the law and obtaining an inheritance based on a will. To obtain an inheritance based on the law, then there must be an absolute part (legitime portie) of an inheritance, namely the existence of an absolute part that’s used to protect an inheritance from the actions of an heir who can make a will which deviates from an absolute part (legitime portie). An absolute part (legitime portie) is protected by a law, this is because in an absolute part (legitime portie) there’s a right that can be used to make a claim to the court in order to obtain a part of its rights an inheritance that’s and has been regulated in a will.
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Đorđević-Crnobrnja, Jadranka. "Inheritance Law between Common and Civil Law - As exemplified by life-long support contracts." Issues in Ethnology and Anthropology 4, no. 3 (December 10, 2009): 145–59. http://dx.doi.org/10.21301/eap.v4i3.8.
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The dualism between common law and civil law in Serbia has been examined in theoretical and factographical ethnological and legal literature, yet this problem in the sphere of inheritance law has been considered mostly within the context of inequality between the sexes in matters of inheritance. As a result, the question of the connection between life-long support contracts and inheritance remains unexplored, despite the fact that through the analysis of inheritance practices based on this kind of contract the influence of socio-cultural mechanisms on the institution of inheritance can be clearly observed. These insights, together with the fact that a dualism and parallelism of civil and common have existed in Serbia for more than a century, have inspired an analysis of life-long support contracts in order to problematize the relation between common law and civil law in practice.
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Yulanda, Lani Regina. "Inheritance of Community Property in Melayu Siak Community." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (June 18, 2019): 234. http://dx.doi.org/10.18415/ijmmu.v6i3.818.
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The existence of legal events in the form of death results in inheritance regulated by certain inheritance laws. In Indonesia, there is still inheritance legal pluralism, including civil inheritance law, Islamic inheritance law and customary inheritance law. In Melayu Siak community, where Islamic law and customary law are their living laws, there are differences in those two laws regarding the inheritance which then raises the question of which law will apply. This study utilizes a qualitative descriptive method with an empirical juridical legal research approach. Research data are collected through field studies by conducting interviews with the respondents to obtain primary data and literature studies to obtain secondary data. The focus of this research is to find out and analyze inheritance over the community property in Melayu Siak community. The results of the study show that 1) there is a relationship between the kinship system and the existence of the community property. 2) the inheritance in Melayu Siak community is based on the Islamic inheritance law and its implementation is carried out based on the results of the deliberation.
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KHODYREVA, EKATERINA. "ON THE QUESTION OF THE STRUCTURE OF INHERITANCE LAW." Gaps in Russian Legislation 14, no. 2 (March 30, 2021): 59–67. http://dx.doi.org/10.33693/2072-3164-2021-14-2-059-067.
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In the present article, the author considers various doctrinal judgments on the question of what constitutes inheritance law and what place it occupies in the legal system. The purpose of the research is to determine the structural divisions of the sub-branch of inheritance law and substantiate the view on the recognition of inheritance law as a sub-branch of civil law with the designation of its inherent institutions and subinstitutions. Results. Based on the results of the study, the author came to the conclusion that inheritance law, taking into account the content of the legal norms forming it, can only be recognized as a sub-branch of civil law. There are no sufficient grounds to consider inheritance law as an institution of civil law or as an independent legal branch as a structural unit of the legal system. Due to the subject of legal regulation, inheritance law is separated from other sub-sectors in the civil law system. Taking into account the specifics of the subject and method of legal regulation, the sub-branch "inheritance law" is subject to further differentiation into its constituent institutions and sub-institutes. It is concluded that it is necessary to distinguish five main institutions within the studied sub-sector, the central place among which belongs to the institute of inheritance law. The legal norms of this institution are currently dispersed in separate chapters of section V of the Civil Code of the Russian Federation and cover the specifics of regulating both hereditary and some related legal relations. It is this diversity to be included in the Institute of law of inheritance relations allows to conclude on the need for it subinstitute three: hereditary sub instructions, sub succession and sub the exercise of the right of inheritance.
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Muljohadi, R. Arif. "Kedudukan Anak Angkat Terhadap Bagian Waris Menurut Ketentuan Hukum Di Indonesia." Syaikhuna: Jurnal Pendidikan dan Pranata Islam 10, no. 2 (October 29, 2019): 225–46. http://dx.doi.org/10.36835/syaikhuna.v10i2.3724.
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One of the main goals of marriage is to connect offspring. But not all married couples can have children. The absence of children can be one of the triggers of disharmony in household relations. So as to maintain its integrity, husband and wife adopt children. In adoption, children will certainly have legal consequences. Moreover in Indonesian law, adoption is carried out according to Islamic law, Common law (the customary law referred to is Central Javanese Common law), and Civil law. Where the three legal systems will of course cause different legal consequences. The legal consequences are related to the position of adopted children which includes family relationships, guardianship relationships, inheritance relationships, and other relationships. Regarding inheritance relations, in Indonesia there is still pluralism including Islamic inheritance law, Customary inheritance law and inheritance law in the Civil Code. So with the variety of applicable inheritance law, also contributed to differences in the inheritance portion obtained by adopted children.
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Rifaldi Setiawan, Muhammad, Muhammad Fakhry, and Mahardika Apriano. "Perlindungan Hukum Kreditor Dalam Warisan Atas Harta Peninggalan Tak Terurus Menurut Sistem Waris Barat." Jurnal Komunikasi Hukum (JKH) 7, no. 1 (February 2, 2021): 107. http://dx.doi.org/10.23887/jkh.v7i1.31461.
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The enactment of inheritance law in Indonesia adheres to 3 (three) inheritance law systems, namely; First, Western Inheritance Law, Second, Customary Inheritance Law, Third, Islamic Inheritance Law. So that in Indonesia is known for the pluralism of inheritance law. The western inheritance legal system allows for heirs to reject the inheritance left by the heirs because there is a greater pasiva than the assets. then the status of the property will be an unmanageable inheritance. Doctrinal research method, which is a study that systematically examines the legal norms governing certain legal categories and analyzes the relationship between legal norms. In this case the state through the Heritage Hall that will manage the property. As a form of protection creditors can apply to be a replacement heir for the deposit of receivables will be carried out by the state through the Heritage Hall a number with the value of the heir's debt or or the value of the property or objects left by the heirs is sufficient.
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Hamzah, Hamzah. "PERANAN PERADILAN AGAMA DALAM PERTUMBUHAN DAN DINAMIKA HUKUM KEWARISAN DI INDONESIA." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 2, no. 2 (August 27, 2020): 122–39. http://dx.doi.org/10.35673/as-hki.v2i2.921.
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AbstractThis study examines the role of religious courts in the construction of Islamic inheritance law. Its urgency is to open the dimensions of birth and the growth of inheritance law in the development period of religious courts. In addition, it opens up concrete reasons for the existence of the inheritance law bill that has yet to reach a climax. The methodology in this study is a narrative literature study, with a historical approach by observing juridical aspects in the growth of inheritance law.The findings in this study show that Islamic law existed since the era of the sultanate and was used as an applied law in society, including inheritance law that has been embedded in Islamic law. The authority of the religious judiciary in the field of inheritance became disoriented when the colonialists entered the colonies by applying the receptiveness theory as outlined in the form of the Staatsblad. The climax of the authority of the religious courts is the unification of the judiciary (one roof system) and its independence as the executor of judicial power. The challenge for religious courts in the field of inheritance is the unavailability of material law and the inheritance law bill which creates uncertainty.Keywords: Dynamics; Inheritance law; Religious Courts.
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Khorosha, T. "FORMATION AND DEVELOPMENT IN THE INHERITANCE CONFLICT LAW LEGISLATION." ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS 2, no. 127 (2016): 123–31. http://dx.doi.org/10.17721/apmv.2016.127.2.123-131.
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The paper conducted a comprehensive study of the basic legal principles of conflicts of law regulation of inheritance complicated by a foreign element in the process of its formation and development. The theoretical questions of formation and development of conflict of laws in the field of inheritance are researched. Based on the analysis obtained conclusions about the main stages of development and formation of ancient inheritance law, which went independently from the byzantine, by own way. Analyzed the emergence of inheritance law in other states, which took place depending on whether it was borrowed by a state of an ancient roman law. The necessity of signing agreements on inheritance among all countries of the world, including Ukraine is stressed. The generalized situation of domestic legislation in the field of inheritance complicated by a foreign element.
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박정기. "Revision of the Japanese Inheritance Law." KYUNGPOOK NATIONAL UNIVERSITY LAW JOURNAL ll, no. 63 (October 2018): 229–62. http://dx.doi.org/10.17248/knulaw..63.201810.229.
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Kadzharov, R. "Inheritance Relations in Private International Law." Bulletin of Science and Practice 6, no. 1 (January 15, 2020): 283–86. http://dx.doi.org/10.33619/2414-2948/50/34.
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The article discusses the legal problems of inheritance relations in the Russian Federation and foreign countries. The relevance of the topic under study is due to the need to form a legal environment emerging in the process of inheritance of tort obligations and the form of the will in Russian and foreign laws. A legal analysis of Russian legislation and international treaties, foreign legislation and judicial practice in the field of inheritance regulation in the Russian Federation and foreign countries is carried out. Particular attention is paid to the unification of international norms in the field of testament form. The author concludes that international law on inheritance has its drawbacks and requires further adjustments.
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H., Ilchenko. "Features of inheritance under English law." Foreign trade: economics, finance, law 108, no. 1 (February 17, 2020): 54–62. http://dx.doi.org/10.31617/zt.knute.2020(108)06.
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Karkhalev, Denis N. "JOINT WILL IN THE INHERITANCE LAW." Law of succession 1 (April 1, 2020): 12–15. http://dx.doi.org/10.18572/2072-4179-2020-1-12-15.
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Mikhaylova, Irina A. "SOME ASPECTS OF INHERITANCE LAW MODERNIZATION." Law of succession 1 (April 1, 2020): 3–7. http://dx.doi.org/10.18572/2072-4179-2020-1-3-7.
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Beckert, Jens. "The Longue Durée of Inheritance Law." European Journal of Sociology 48, no. 1 (April 2007): 79–120. http://dx.doi.org/10.1017/s0003975607000306.
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This article investigates discourses on inheritance law and legal development in France, Germany, and the United States since the revolutions of the late eighteenth century. I argue that in each of the three countries a different set of normative and functional issues relating to the bequest of property has dominated and expressed itself in nationally specific discursive fields. The respective “repertoires of evaluation“ were formed in the late eighteenth and early nineteenth centuries and show a surprisingly stable pattern that can be recognized even in today's debates on the issue. This I refer to as the longue durée of inheritance law. The distinct discursive fields exercise a dominant influence over the perception of problems associated with the transfer of property mortis causa and the strategies deemed feasible to solve them. Moreover, I argue that the different cultural frames matter for the institutional development of inheritance law. My aim is to contribute to institutional theory through investigation of a socially and economically important realm of legal regulation that has received little attention in recent sociological scholarship. The analysis is carried out within a multidimensional theoretical framework that acknowledges the influence of culture and ideas, but also considers changing socioeconomic conditions, as well as actor interests.
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Weigel, Sigrid. "Inheritance Law, Heritage, Heredity: European Perspectives." Law and Literature 20, no. 2 (July 2008): 279–87. http://dx.doi.org/10.1525/lal.2008.20.2.279.
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Hill, Gretchen J. "Inheritance Law in an Aging Society." Journal of Aging & Social Policy 7, no. 1 (September 13, 1995): 57–83. http://dx.doi.org/10.1300/j031v07n01_05.
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Počuča, Milan, and Nenad Stefanović. "Testament as inheritance from Roman law." Pravni zapisi 10, no. 2 (2019): 517–31. http://dx.doi.org/10.5937/pravzap0-22816.
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Trifonova, Kristine V., and Sergey G. Trifonov. "UNIFICATION OF INHERITANCE LAW PROVISIONS IN PRIVATE INTERNATIONAL LAW." Law of succession 4 (December 24, 2020): 13–19. http://dx.doi.org/10.18572/2072-4179-2020-4-13-19.
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The article discusses topical issues and features of the unification of inheritance law in the international private law. The beginning of unification processes is associated with the presence of various approaches to the settlement of hereditary relations complicated by a foreign element in various legal systems. The article provides a theoretical and legal analysis of such a phenomenon as a complication of hereditary legal relations of foreign a new subject. To solve certain conflict of laws in the field of inheritance law, in particular, by will, the main international acts are followed. The authors aim to study the unification processes in the field of inheritance law in the international private law, which reflect modern development trends in a theoretical sense. In conclusion, the authors come to the conclusion that the legislation of a number of states is trying to protect the rights of weak parties in a potentially equal legal relationship. In this case, we are talking about the corresponding legislative consolidation general principle of law— the use of favorable law for the weak side of the legal relationshipHowever, the possibility of unification approaches of states to solving the issue of post-mortem rights can be defined not even as a trend, but as a be separately considered within the framework of international organizations dealing with issues of unification of inheritance law.
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Komari, Komari. "DINAMISASI DAN ELASTISITAS HUKUM KEWARISAN ISLAM." Jurnal Hukum dan Peradilan 1, no. 3 (November 30, 2012): 463. http://dx.doi.org/10.25216/jhp.1.3.2012.463-486.
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Islamic law of inheritance is, to be followed by all Muslims, but its implementation is not in accordance with the provisions of Islamic law, this is caused by lack of understanding of Islamic inheritance law. In the application of the Islamic law of inheritance can be different from the norms of Islamic law itself, which is done by reconciliation or peace, which is not in accordance with the provisions of Islamic law, but through the application of such a method of interpretation. Interpretation in the application of the law of inheritance is possible in an understanding of the heirs any other alternative that contains the values of justice and peace among the heirs and families. Keywords: Dynamics, Elestisitas, Islamic inheritance law
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Khaula, Mizatul, Ahmad Subekti, and Dzulfikar Rodafi. "PEMBAGIAN WARIS PADA KELUARGA ISLAM (STUDI KASUS DI DUSUN WONOKOYO KELURAHAN MENGANTI KECAMATAN MENGANTI KABUPATEN GRESIK)." Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) 2, no. 2 (September 14, 2020): 35. http://dx.doi.org/10.33474/jas.v2i2.8714.
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Provisions for the distribution of inheritance for people left by the testator have been outlined in the Qur'an and the Hadith of the Prophet in detail and clearly. The verses of the Qur'an and the Hadith of the Prophet directly regulate inheritance and without ignoring someone at all. From the background of the research above, the researcher formulated the problem, namely regarding the view of Islamic law on the distribution of inheritance systems in Muslim families and the practice of inheritance among Muslim families. The method of study in this paper uses qualitative methods. Data collection procedure is done using the observation method, interview method, and documentation methods. In this study shows that the view of Islamic law on the distribution system of inheritance in Muslim families still more or less using customary inheritance law, but prioritizing using Islamic inheritance law first. And in the distribution system uses what is already listed in the Qur'an and al-Hadith. In practice, if there is a family member who has not agreed on the distribution, then it is shared evenly or by family agreement. the conclusion is that the distribution system of inheritance is in accordance with Islamic law, because there is no quarrel between heirs. in practice, there are still a few that use customary law or are equally between men and women.Keywords: Inequality, Inheritance, Islamic LawProvisions for the distribution of inheritance for people left by the testator have been outlined in the Qur'an and the Hadith of the Prophet in detail and clearly. The verses of the Qur'an and the Hadith of the Prophet directly regulate inheritance and without ignoring someone at all. From the background of the research above, the researcher formulated the problem, namely regarding the view of Islamic law on the distribution of inheritance systems in Muslim families and the practice of inheritance among Muslim families. The method of study in this paper uses qualitative methods. Data collection procedure is done using the observation method, interview method, and documentation methods. In this study shows that the view of Islamic law on the distribution system of inheritance in Muslim families still more or less using customary inheritance law, but prioritizing using Islamic inheritance law first. And in the distribution system uses what is already listed in the Qur'an and al-Hadith. In practice, if there is a family member who has not agreed on the distribution, then it is shared evenly or by family agreement. the conclusion is that the distribution system of inheritance is in accordance with Islamic law, because there is no quarrel between heirs. in practice, there are still a few that use customary law or are equally between men and women. Keywords: Inequality, Inheritance, Islamic Law
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Siregar, Muhammad Yusuf, Risdalina Risdalina, and Sriono Sriono. "The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency." Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences 3, no. 1 (February 12, 2020): 531–39. http://dx.doi.org/10.33258/birci.v3i1.804.
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This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.
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Rifenta, Fadlih, and Tonny Ilham Prayogo. "Nilai Keadilan dalam Sistem Kewarisan Islam." Al-Manahij: Jurnal Kajian Hukum Islam 13, no. 1 (June 25, 2019): 111–27. http://dx.doi.org/10.24090/mnh.v0i1.2117.
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In the context of inheritance, reform efforts by contemporary Muslim thinkers have so far not been able to significantly change the shadow of classical inheritance law in Islam. This condition is caused by the effect of the mindset of the society in their epistemology, which assumes that the distribution of inheritance must be equal. Of course, we cannot blame the public for their knowledge of Islamic inheritance law. The question that arises is why they are in a hurry to accept the equal distribution of inheritance without conducting a study based on Islamic law on inheritance. Thus, the biggest challenge for Islamic scholars and inheritance law experts today is how to find a comprehensive formulation of various theories of knowledge that can be accepted by everyone, so that Islamic inheritance law is not only a discourse, but is able to totally reflect a concrete concept. This paper seeks to reorient and rethink the inheritance law in the development of Islamic legal epistemology which is examined in conjunction with the Shari’a provisions, which contain the values of justice in terms of theology, economics, and social.
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Rachmawati, Emy, and Burhanudin Harahap. "Justice Dimensions of Islamic Inheritance Law in Determining The Inheritance Rights Of Parents, Children and husband/wive." International Journal of Multicultural and Multireligious Understanding 5, no. 3 (July 13, 2018): 286. http://dx.doi.org/10.18415/ijmmu.v5i3.338.
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The purpose of this research is to know about the dimension of justice of Islamic Inheritance Law (faraidh) in determining the right of parents, children and wife /husband as dzawil Furudh heir. To achieve these objectives have been conducted normative legal research that is descriptive. Data analysis techniques used qualitative data analysis techniques. The result of the study obtained that Islamic Inheritance Law has the dimension of justice in determining the right of dzawil Furudh, that is proportional or equal justice in accordance with rights and obligations, social justice which not only pay attention to bloodline but also inheritance rights also given to the parents as birrul walidain and inheritance rights of them is never covered by anyone. Similarly, justice inheritance rights for the husband or wife of the inheritor, they shall be entitled to inheritance in accordance with the rights and obligations. While the dimension of justice inheritance rights of children, Islamic Inheritance Law provides a strong position. All the justice dimensions of Islamic Inheritance Law, in accordance with the objectives of Islamic law or maqashid shariah.
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Kasdi, Abdurrohman, and Khoiril Anwar. "Inheritance Distribution of Adopted Children in The Perspective of Customary Law and Islamic Law Compilation: Case Study of the Application of Inheritance Law in Kudus." Al-Ahkam 29, no. 2 (November 7, 2019): 141. http://dx.doi.org/10.21580/ahkam.2019.29.2.4203.
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This article aims to examine the position of adopted children, determine the position of adopted children's inheritance rights, as well as the application of the distribution of inheritance for adopted children in Customary Law and Compilation of Islamic Law in Kudus Regency. The method used is qualitative with a comparative approach. The results showed that the teachings of Islam did not deny the existence of adopted children as far as giving welfare and education to children. The position of adopted children in customary law is influenced by the family or family system. Their position from one region to another varies. In the case of the application of the distribution of inheritance for adopted children in adat law in Kudus District, several provisions of customary law state that the portion of adopted children is equated with the portion of biological children (if there is inheritance rights), or through the will of their adopted parents. While the application of Islamic Law Compilation in the distribution of inheritance in Kudus Regency also regulates <em>wasiat wajibah</em>, a will determined by law even though the person concerned does not inherit it.
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Ismail, Ismail. "The Philosophical Values of Islamic Inheritance Law." INNOVATIO: Journal for Religious Innovation Studies 20, no. 2 (December 31, 2020): 125–36. http://dx.doi.org/10.30631/innovatio.v20i2.112.
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Abstract: The law of inheritance has been determined very clearly in the Qur’an and this provision has also been established as a qathi' or final legal basis by jumhur or majority ulama. However, in reality, there are still criticisms of the inheritance law provisions. This article aims to further examine the issue of qat'hi and zhanni (the final one and the need intrepretation) related to inheritance and how the philosophical values of inheritance law in Islam. The philosophical study referred to in this article is related to the purpose of syara’ to determine the distribution of inheritance in such a way and what philosophical basis and values are used. This article also describes the share of men and women with one to two balances. This article is based on literature study by using textual sources, namely the text of the Qur’an (especially verses on the law of inheritance) as the main reference in the reconstruction of philosophical thinking in Islamic inheritance law. The analysis technique in this research is descriptive analysis. So, the philosophical basis and the purpose of inheritance law in Islam is an effort to realize justice in order to achieve mutual benefit for the heirs. However, if a change is needed regarding inheritance law that is relevant to the conditions and situation at the time of the inheritance law decision, there is no harm in providing additional law.
Keywords: Philosophical values, inheritance law, Islam.
Abstrak: Hukum waris telah ditentukan dengan sangat jelas dalam Alquran serta ketentuan tersebut juga telah ditetapkan sebagai dasar hukum yang qathi’ oleh jumhur ulama. Akan tetapi realita yang terjadi masih ada kritik terhadap ketentuan hukum waris tersebut. Artikel ini bertujuan mengkaji lebih jauh masalah qat’hi dan zhanni-nya terkait waris dan bagaimana nilai-nilai filosofis hukum kewarisan dalam Islam. Kajian filosofis yang dimaksud dalam artikel ini terkait tentang tujuan syara' menetapkan pembagian warisan sedemikian rupa dan apa dasar dan nilai filosofis yang digunakan. Artikel ini juga menjelaskan tentang bagian laki-laki dan perempuan dengan perimbangan satu banding dua. Artikel ini berbasis penelitian pustaka dengan menjadikan sumber-sumber tekstual yakni teks Alquran (khusus ayat-ayat tentang hukum kewarisan) sebagai acuan utama dalam rekonstruksi pemikiran filosofis dalam hukum waris Islam. Teknik analisis dalam penelitian ini menggunakan Teknik analisis deskriptif. Jadi, dasar filosofis dan tujuan hukum waris dalam Islam merupakan suatu upaya untuk mewujudkan keadilan agar tercapai kemashlahatan bersama bagi ahli waris. Namun jika diperlukan sebuah perubahan terkait hukum kewarisan yang relevan dengan kondisi dan situasi pada saat keputusan hukum kewarisan tersebut maka tidak ada salahnya memberikan hukum tambahan.
Kata-kata kunci: Nilai-nilai filosofis, hukum kewarisan, Islam.
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Nizmah, Nizmah. "KEDUDUKAN ANAK NON MUSLIM TERHADAP HARTA WARISAN DITINJAU DARI KOMPILASI HUKUM ISLAM." As-Syar'i : Jurnal Bimbingan & Konseling Keluarga 1, no. 1 (April 9, 2019): 13–24. http://dx.doi.org/10.47467/as.v1i1.45.
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The noble Qur'an has explained the laws of inheritance, the conditions of each heir with a sufficient explanation, where no one among humans escapes the inheritance or inheritance. Because the Qur'an is the backing in establishing the law and the extent of its parts. And very few are determined based on Sunnah or ijma. there is no position of nonMuslim children on inheritance in compilation of Islamic law. While the Religious Court is a court that has the authority to examine and try inheritance disputes for people who are Muslim. Thus, if there is a dispute over inheritance issues between children of Muslims and non-Muslims, it must be resolved through the Religious Courts. Formulation of the problem in this study is how the position of non-Muslim children on the inheritance of Islamic heirs is reviewed from the Compilation of Islamic Law. with literature analysis it means that the author takes data based on existing literature.
Based on the results of the study, according to the Compilation of Islamic Law dividing inheritance to the entitled heirs is the obligation of heirs to the heir to be implemented after the heirs have carried out other obligations as contained in. The position of nonMuslim children on the inheritance of Islamic heirs based on Islamic law does not obtain inheritance from the inheritance of their parents. According to the Compilation of Islamic Law as in the case of the Religious Court, it shows that the position of non-Islamic children on inheritance from the inheritance of the property of their parents does not receive the right inheritance, but based on the Religious High Court, get a section called "Wasiah Wajibah".
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Putri, Ira Damayanti, Dhea Amelisca, and Sarfia Nengsih. "Pewarisan Menurut Hukum Waris Islam Terhadap Sistem Kekerabatan Matrilineal Minangkabau." Notaire 2, no. 2 (August 8, 2019): 197. http://dx.doi.org/10.20473/ntr.v2i2.13916.
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Minangkabau indigenous people if the family does not have children, especially children, especially girls, it is permissible to adopt children as successors. The position of daughters in the family in the Minangkabau community is very important in terms of the continuation of the clans from a family, this is because the Minangkabau people generally adhere to the Matrilineal family system. But in its development with the entry of Islam in Indonesia, most of the Minangkabau people were influenced by the teachings of Islam, so that in the position of heirs there was a position of heirs that contradicted the Islamic inheritance law with customary inheritance law in the Minangkabau community. The problem in this research is Islamic inheritance law towards customary inheritance law in Minangkabau people. The results of this study are that the Minangkabau community after the entry of Islam, implemented two inheritance systems, namely for high inheritance inherited by the Matrilineal collective inheritance system, for low inheritance inherited with Bilateral individual inheritance systems.
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Benni, Beatrix. "PEWARISAN PADA ETNIS TIONGHOA DALAM PLURALITAS HUKUM WARIS DI INDONESIA." Masalah-Masalah Hukum 44, no. 1 (January 15, 2015): 1. http://dx.doi.org/10.14710/mmh.44.1.2015.1-10.
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Inheritance law in force in Indonesia is pluralistic. Inheritance law for ethnic Chinese in Indonesia is the inheritance law Civil West . The use of inheritance law which is based on the classification of this population is not in accordance with the law of political reform era . The method used is the socio legal research with the research results , that ethnic Chinese in West Sumatera Barat wearing inheritance law Civil whereas customary inheritance can only be made during the lifetime of the testator in the form of grants and testament . Against this was not found inheritance dispute in court . Inheritance dispute settlement is done amicably and internal , and not through legal channels .Keywords: Inheritance, Tionghoa, Pluralistic, Inheritance lawHukum waris yang berlaku di Indonesia saat ini bersifat pluralistis. Hukum waris bagi Etnis Tionghoa di Indonesia adalah hukum waris Perdata Barat. Pemakaian hukum waris yang berdasarkan penggolongan penduduk ini sudah tidak sesuai dengan politik hukum era reformasi. Metode yangdigunakan adalah socio legal research dengan hasil penelitian, bahwa etnis Tionghoa di Sumatera Barat memakai hukum waris Perdata Barat sedangkan pewarisan secara adat hanya dapat dilakukan semasa hidup pewaris dengan dalam bentuk hibah dan wasiat. Terhadap hal ini tidak ditemukan sengketa waris di pengadilan. Penyelesaian sengketa waris dilakukan secara kekeluargaan dan intern, dan tidak melalui jalur hukum.Kata Kunci: Pewarisan, Tionghoa, Pluralitas, Hukum Waris
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Rifenta, Fadlih. "KONSEP ADIL DALAM HUKUM WARIS ISLAM." FUADUNA : Jurnal Kajian Keagamaan dan Kemasyarakatan 2, no. 1 (August 22, 2019): 23. http://dx.doi.org/10.30983/fuaduna.v2i1.2024.
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<p><em>The science which is lost first among muslim community is the knowledge of inheritance as Rasulullah had been explained. Moreover, there are some efforts to destroy the inheritance law arrangement in islam. By the opinion that the division of inheritance that for son is equal with two daughters is a form of injustice toward woman. Therefore, it is allowed to create modification for Islamic inheritance law. This paper tries to explain the justice concept in Islamic inheritance law. By the conclusion that, First ; the definition of Islamic inheritance law has to follow the determination by Allah SWT and it does not mean that equal division is equal quantity. Second; in the case of inheritance division in islam, it contains the universal justice according to theology, economic and social.</em></p>
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Zuhraini, Zuhraini. "HAK KEWARISAN SUAMI DALAM PERNIKAHAN SEMANDA PADA MASYARAKAT HUKUM ADAT LAMPUNG SEBATIN." ASAS 10, no. 02 (July 10, 2019): 46–63. http://dx.doi.org/10.24042/asas.v10i02.4531.
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The Sebatin Lampung customary law community, seen from the lineage system including genealogical customary law community, draws on the patrilineal lineage. In the marriage system using an honest marriage system, where the wife is included in the husband's relatives. But for certain reasons, the Semanda marriage system was also used by the Sebatin Lampung customary law community. In the marriage system, the husband follows or is in the environment of his wife's relatives. In semanda marriage, which has more role in the inheritance dominated by the wife because the assets managed are indeed owned by the wife's family. If they get shared assets during the marriage, is there a husband's right to joint property in the distribution of inheritance. Based on the above background, the problem in this paper is how the distribution of inheritance in the Sebatin Lampung customary law community and how the husband's inheritance rights in Semanda marriage Sebatin Lampung Customary Law Community. The first research objective was to analyze the distribution of inheritance rights in Sebatin Lampung Customary Law Society. Second, to examine and analyze the husband's inheritance rights in the marriage of SemandaSebatin Lampung Customary Law Society. The method in this study, seen from its type, is qualitative research, even if seen from the nature of this research is library research. Data analysis using qualitative descriptive. The conclusion obtained in this study is First, For the Sebatin Lampung customary law community, inheritance system uses a system of major inheritance. This means that inheritance will fall on the oldest son. Assets inherited to the oldest sons are inheritance, customary titles, and parental property which is the result of the parents' efforts while still alive. Second, the distribution system of inheritance for husbands who carry out semi-marriages at the Sebatin Lampung customary law community, carried out in accordance with the conditions and conditions of each family. This division can be seen from two conditions. If in the family there are children born in semanda marriage, then the inheritance of the wife is given to the eldest son and the oldest child will take the policy to share or give part to his younger siblings. If there are no children, the inheritance is taken over by the wife's family while the husband does not get a shareKeywords: husband's inheritance rights, semanda marriage and sebatin Lampung customary law community.
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Moszyńska, Anna. "Politics and Inheritance Law. Endeavours to Keep Classical Rules of Inheritance Law in the Polish Civil Code." Studia Iuridica Toruniensia 13 (April 22, 2014): 131. http://dx.doi.org/10.12775/sit.2013.020.
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Tri Nugroho, Ishak, Muhammad Akbar, and Suhri Hanafi. "PERKEMBANGAN PERUNDANG-UNDANGAN HUKUM KELUARGA MUSLIM DI MESIR ( STUDI WASIAT WAJIBAH DI MESIR)." Familia: Jurnal Hukum Keluarga 1, no. 1 (December 6, 2020): 1–20. http://dx.doi.org/10.24239/familia.v1i1.1.
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The long history of reforming Islamic Family Law in the Muslim world began in the 20th century when Turkey became the first Muslim country to pioneer this reform. These reforms greatly influenced the reform of Islamic family law in Egypt and provided a more forward-looking color compared to what was previously done, the impetus for reform and reform of Islamic law in Egypt came from within the Islamic tradition itself and from outside the Islamic tradition. In addition to reforming family law in general, Egypt has also reformed the concept of inheritance law regarding wajibat for orphan grandchildren, which actually does not discuss this matter in classical books. Egypt regulates the issue of compulsory wills in the Egyptian Law, namely Law no. 71 of 1946 concerning inheritance, Egypt introduced a new concept in terms of inheritance for orphaned grandchildren who are usually considered as dzawil arham who are prevented from obtaining inheritance, so they are now entitled to inheritance by using the mandatory will. The concept of wills, mandatory, for inheritance for orphaned grandchildren does not exist in classical jurisprudence, and it appears that Egypt is trying to reform the law by inventing new laws or rechtsvinding, in order to find a solution to the inheritance problems that occur in Egypt.
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Cheema, Shahbaz. "Distribution of Inheritance under Islamic Law: An Appraisal of Online Inheritance Calculators." Journal of Islamic Thought and Civilization 11, no. 1 (June 9, 2021): 112–31. http://dx.doi.org/10.32350/jitc.111.07.
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With the proliferation of the internet, new modes of access and dissemination have been invented. This paradigmatic shift is not only providing a stimulus for science and technology, but traditional fields of knowledge, such as religious studies and allied disciplines, are also among its beneficiaries. Once it was an uphill task to find a scholar well versed in Islamic inheritance law and ask for advice on the distribution of a deceased’s estate. Various online inheritance calculators have made it convenient, and to some extent, eliminated the inevitability of the consultation with scholars of inheritance. In this background, the paper analyzes some accessible online inheritance calculators and explores their strengths and weaknesses. For evaluative purposes, two benchmarks are devised: one is ‘accuracy score’ and another ‘efficiency grade.’ The outcome of the assessment is mixed. Despite the accessibility of online calculators, one should not repose outright confidence without being aware of their merits and demerits. Some calculators have evolved a smooth and efficient system to solve a large number of propositions of inheritance, while others lack proficiency and accuracy.
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Cui, Lixiang, and Sung Ho Bae. "Problems and Improvements of the Heritage Inheritance System in Chinese Inheritance Law." Korea Association for Corruption Studies 24, no. 2 (June 30, 2019): 95–116. http://dx.doi.org/10.52663/kcsr.2019.24.2.95.
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Palupi, Kadek Hapsari Ika, Ida Ayu Putu Widiati, and I. Wayan Arthanaya. "Kedudukan Hak atas Tanah Waris Warga Negara Indonesia yang Berpindah Kewarganegaraan." Jurnal Interpretasi Hukum 1, no. 1 (August 20, 2020): 30–36. http://dx.doi.org/10.22225/juinhum.1.1.2181.30-36.
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A person’s citizenship status has an impact on obtaining guarantees of rights from the state. Indonesian citizens are granted the right to obtain ownership rights to land in Indonesia, but not to those who have changed their citizenship status. The case is different if a citizen acquires the rights of ownership over land due to inheritance. In this regard, this study addresses two questions: 1) how is the inheritance rights in Indonesia based on the Civil Code regulated? ) What is the position of inheritance rights of Indonesian a citizen who has changed his/her citizenship status? This study uses a normative legal research method with a statutory approach and a conceptual approach to achieve these goals. The results indicate that the regulation of inheritance rights in Indonesia is realized through the enactment of three types of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law and Civil Code Inheritance Law. In the Civil Code of Inheritance Law there are groups that distinguish between heirs and wills whose contents shall not conflict with legitieme portie (absolute part) and shall relate to its inheritance which is land. Then, there are other rules that need to be obeyed namely Indonesian Republic Law Number 5 of 1960 concerning Basic Regulations of Agrarian Principles. The status of ownership rights of land of an Indonesian citizen who has changed his/her citizenship status transfers to the state if the said citizen does not transfer the status of his/her land inheritance within one year from his transfer of citizenship.
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Isnina, Isnina, and Farid Wajdi. "THE AWARENESS OF ISLAMIC INHERITANCE LAW IN MUHAMMADIYAH GROUPS AT MEDAN CITY." Journal of Community Research and Service 2, no. 1 (June 1, 2018): 147. http://dx.doi.org/10.24114/jcrs.v2i1.9857.
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AbstractThe purpose of this study is to describe people's understanding of the distribution of inheritance according to Islamic inheritance law. This research uses a descriptive method. The population of this study were Muhammadiyah residents in Medan City with a sample of 274 respondents, but the return and complete for data processing amounted to 234 samples.Based on the results of the study concluded that all levels of education elementary, junior high, high school, diploma and S1 or S2 no respondents who have low levels of legal awareness both male and female. However, most of Muhammadiyah of Medan City only know that the division of inheritance in Islamic law has been arranged, but the technique of dividing inheritance in Islam most of society do not master well. This is because they do not have a basic knowledge of how the division of Islamic inheritance law.The practice of dividing the inheritance of Muhammadiyah citizens of Medan City is very diverse, some are using the Islamic law, using customary law, using the method of family deliberation, by giving men and women equally. not a few finish to the Court made. Keywords: Legal Awareness, Division Of Inheritance, Islamic Law
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Suryadi, Hendri Dharma, Zainul Daulay, and Beatrix Benni. "The Making of Inheritance Certificate in The Process of Transferring Right Over Land by Inheritance in Padang." International Journal of Multicultural and Multireligious Understanding 6, no. 2 (May 8, 2019): 348. http://dx.doi.org/10.18415/ijmmu.v6i2.707.
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Making a certificate of inheritance in the process of transferring rights over land by inheritance is guided by Article 111 paragraph (1) letter c number 4 of the Regulation of the Minister of Agrarian Affairs / Decree of the Land Agency Number 3 of 1997 concerning Implementing Regulation of Government Regulation Number 24 of 1997 concerning Land Registration. The article divides the authority to make inheritance certificate based on community classification so that it is contrary to the 1945 Constitution, Law Number 12 of 2006 concerning Citizenship, Law Number 40 of 2008 concerning Elimination of Racial and Ethnic Discrimination, Law Number 12 of 2011 concerning Law Enforcement. While this journal method is an Empirical Juridical approach; the types of data used are primary data and secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. Data are analyzed qualitatively. From the results of the study concluded that in the process of transferring rights by inheritance, the heirs must show proof of inheritance certificate from a notary by giving attribution authority by Law Number 12 of 2014 in conjunction with Law Number 30 of 2004 concerning Notary Position, differentiation in the making of inheritance certificate is an urgency of the existence of legal pluralism so that in making the certificate of inheritance according to which law is used by the testator, due to differentiation in the making of inheritance certificate, there will be a deviation from the law itself (pluralism) so that the inheritance dispute will occur.