Pluralisme Hukum Waris Di Indonesia

Nasution, Adelina

doi:10.32505/qadha.v5i1.957

Cited by 11 publications

(13 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…The current inheritance law in Indonesia still depends on the law of the heir. Namely, which inheritance law applies to people who die (Nasution, 2018). Therefore, if the deceased is part of the Indonesian population, then the customary inheritance law applies.…”

Section: Resultsmentioning

confidence: 99%

DIFFERENCES AND SIMILARITIES IN THE DIVISION OF INHERITANCE LAW ACCORDING TO ISLAMIC LAW AND JAVANESE CUSTOMARY LAW IN INDONESIA IN A COMPARATIVE STUDY OF LAW, so that

Nurmala¹,

Koni²

2022

IJERLAS

View full text Add to dashboard Cite

The acquisition of property through inheritance is a form of legal ownership and is justified by Allah SWT. The Qur'an and Hadith have also provided explanations regarding the parties who are entitled to become heirs along with the amount or amount of distribution of inheritance. However, in everyday life in society, the distribution of inheritance often creates its own problems, the distribution of inheritance is vulnerable to conflict and prone to disputes between parties who are entitled to become heirs. The method used in this paper is the normative legal research method. Namely the type of research method that is doctrinal in nature and comes from research sources from the library. In research, it is necessary to have library sources that are relevant to the subject being studied. In Indonesia, the applicable inheritance law is still not uniform. This is because there are different laws of inheritance, including civil inheritance law, customary inheritance law, and Islamic inheritance law. However, this paper only focuses on the division of inheritance law according to customary inheritance law and Islamic inheritance law. In Indonesia, there are very diverse customary laws, so this research is more directed to Javanese customary law of inheritance which adheres to the term sepikul segendongan, namely that boys get twice the share of girls. The principle of sepikul-segendong implies that men and women both get the same inheritance rights, but each share is different, the men who are considered to have a bigger role and responsibility get more shares (sepikul) than men. women (segendong), however, as Muslims, they should obey and submit to the provisions stipulated in Islamic law.

show abstract

Section: Resultsmentioning

confidence: 99%

DIFFERENCES AND SIMILARITIES IN THE DIVISION OF INHERITANCE LAW ACCORDING TO ISLAMIC LAW AND JAVANESE CUSTOMARY LAW IN INDONESIA IN A COMPARATIVE STUDY OF LAW, so that

Nurmala¹,

Koni²

2022

IJERLAS

View full text Add to dashboard Cite

show abstract

“…It is different from customary law which allows distribution of inheritance while the heir is still alive. 17 When one of the spouses has passed away, he or she will leave an inheritance to be passed on to his or her heirs. Regarding marital properties, which are inheritance properties, the KHI in Article 96 Paragraph (1) stipulates that when a marriage ends due to the death of a husband or a wife, then half of the marital properties become the right of the married couple who has lived the longest.…”

Section: The Inheritance Distribution Of Marital Propertiesmentioning

confidence: 99%

The Payment of Inheritance Acquisition Duty of Right on Land and Building in Sleman

Perwitiningsih

Simarmata

2021

JMH

View full text Add to dashboard Cite

This research is aimed at revealing the collection practice of inheritance Acquisition Duty of Right on Land and Building (BPHTB) of Marital Properties in the form of land rights at Regional Finance and Assets Office (BKAD) Sleman and analyzing the practice based on the inheritance and land law. This research is empirical legal research. The data collected in this research are analyzed using a qualitative method and presented descriptively in order to obtain descriptive qualitative results. The result shows that there has been an overpayment of tax that should not be billed in the collection of BPHTB inheritance in the form of land as the marital property at BKAD Sleman since the living widow’s or widower’s right is counted. Land titles as joint assets, if registered only in the name of the heir without registering the spouse's name, the BKAD Sleman does not take into account the spouse’s right to the land titles. This calculation happens because a land certificate as the marital property is registered only under the name of a husband or a wife alone, and BKAD Sleman interprets this condition as that the owner of the certificate is the one whose name is registered on it.

show abstract

“…Di Indonesia hukum waris memiliki sifat majemuk. Hal tersebut disebabkan karena di Indonesia sendiri Undang-undang mengenai Hukum Waris Nasional masih belum diatur dan belum berlaku bagi seluruh rakyat di Indonesia (Fauzi, 2016;Nasution, 2018). Hukum adat waris adalah hukum yang memuat peraturan yang mangatur proses penerusan seta pengalihan barang-barang baik berupa harta materiil maupun non materiil.…”

Section: Iunclassified

Keberadaan Keputusan Majelis Utama Desa Pakraman Bali (MUDP) Bali No. 01/Kep/Psm-3/MDP Bali/X/2010 di Desa Adat Lambing

Yanthi¹,

Budiartha

Sukadana

2021

juinhum

View full text Add to dashboard Cite

Inheritance in Bali adheres to the Patrilineal principle where men have the right to inherit while women do not have the right to inherit. However, the Main Council of Pakraman Village (MUDP) Bali made a new breakthrough in which Balinese women can inherit. The purpose of this study is to describe the position of women's inheritance rights based on customary inheritance law in Bali and to describe the existence of the Bali Pakraman Village Main Council Decree (MUDP) No.01 / Kep / Psm-3 / MDP Bali / X / 2010 in Lambing Traditional Village. This study used an empirical research method by presenting data qualitatively. The results of the study stated that in the awig-awig of the traditional village of Lambing, the position of women was not as heirs. Meanwhile, the implementation of the decision of Pesamuhan Agung III of the Main Assembly of Pakraman Village has not been fully implemented. Lack of socialization and the enactment of awig-awig as a binding rule have resulted in the inability to implement this decision.

show abstract

Pluralisme Hukum Waris Di Indonesia

Cited by 11 publications

References 0 publications

DIFFERENCES AND SIMILARITIES IN THE DIVISION OF INHERITANCE LAW ACCORDING TO ISLAMIC LAW AND JAVANESE CUSTOMARY LAW IN INDONESIA IN A COMPARATIVE STUDY OF LAW, so that

DIFFERENCES AND SIMILARITIES IN THE DIVISION OF INHERITANCE LAW ACCORDING TO ISLAMIC LAW AND JAVANESE CUSTOMARY LAW IN INDONESIA IN A COMPARATIVE STUDY OF LAW, so that

The Payment of Inheritance Acquisition Duty of Right on Land and Building in Sleman

Keberadaan Keputusan Majelis Utama Desa Pakraman Bali (MUDP) Bali No. 01/Kep/Psm-3/MDP Bali/X/2010 di Desa Adat Lambing

Contact Info

Product

Resources

About