scholarly journals HAK PEREMPUAN HINDU BALI ATAS HARTA WARISAN SUAMI

2021 ◽  
Vol 16 (1) ◽  
pp. 68
Author(s):  
Desyanti Suka Asih K. Tus
Keyword(s):  
Feminist Theory ◽  
Research Method ◽  
Family System ◽  
Customary Law ◽  
Inheritance Law ◽  
Governmental Body ◽  
The Family ◽  
Male Line ◽  
Customary Laws ◽  
Hindu Women

<p><em>Indonesia does not have a unified regulation regarding inheritance law. This legal pluralism occurs with the application of three different regulations related to inheritance law namely is Western Civil Law, Compilation of Islamic Laws and Customary laws which is applicable based on the region such as Bali Customary Laws. The customary law sourced from the norms, religion, principle that develop within the society. Customary inheritance law is strongly influenced by the family system that applies in every region in Indonesia. Customary inheritance law in Bali is influenced by the patrilineal system adopted in Bali. The patrilineal system adheres to the male line. The patrilineal system places men as the successors of the family including those who are obliged and entitled to family inheritance. This situation makes the position of women as subordinate parties in the family, especially in terms of inheritance. The rights of Hindu women in Bali to her husband's inheritance are often disregarded, forgotten, and abolished. Based on national law, a wife who is left dead by her husband will automatically become an heir. This situation does not necessarily apply to Balinese customary law with the patrilineal system. Social change and demands of the feminist theory have not brought a change to the application of Balinese customary inheritance laws in the community. The presence of provisions in the form of the MUDP (an Indonesia Governmental Body for Balinese) decision and the Supreme Court's decision have not been able to bring a change to the position of women (widows because of death) as husband's heir. The lack of knowledge and legal awareness of Hindu women in Bali over their position as heirs is one of the causes of the weak position of Hindu women in Bali as heirs. This paper will discuss the rights of Hindu women in Bali for husband's inheritance. This paper uses a normative juridical research method.</em></p><p><strong>Keywords</strong>: <em>Rights of Hindu Women in Bali, Husband's Inheritance</em></p>

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals 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 ◽  
2019 ◽  
Vol 29 (2) ◽  
pp. 141
Author(s):  
Abdurrohman Kasdi ◽  
Khoiril Anwar
Keyword(s):  
Islamic Law ◽  
Family System ◽  
Customary Law ◽  
Comparative Approach ◽  
Adopted Children ◽  
Inheritance Law ◽  
Biological Children ◽  
The Family ◽  
The Will

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.

scholarly journals Penyelesaian Pembagian Warisan Di Kecamatan Simpang Ulim Dalam Perspektif Hukum Islam dan Hukum Adat

Al-Qadha ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 33-49
Author(s):  
Muhammad Nasir, Khalidah
Keyword(s):  
Islamic Law ◽  
Family System ◽  
Customary Law ◽  
Primary Sources ◽  
Religious Leaders ◽  
Inheritance Law ◽  
Distribution Of Wealth ◽  
The Family ◽  
Mutual Agreement

In Acehnese society, the implementation of inheritance law is influenced by customary law living in the community, the heirs are in accordance with what has been stipulated in faraid law, but in the distribution of wealth sometimes it does not follow faraid law, but according to mutual agreement. Determination of inheritance in the Acehnese community in Simpang Ulim District, whose majority Muslim community, in terms of handling inheritance more depends on the heirs, this method is called the familial way and can run well without conflict, for example, the parties agree to divide the number of the expert's assets. the inheritance for boys is equal to that given to girls. This research is a field study with a qualitative approach. The primary sources in this study were informants from the Simpang Ulim Community whose data were taken by random sampling. The results of the study concluded two things; First, the mechanism for implementing the distribution of the inheritance of the Acehnese people in Simpang Ulim District is carried out in two ways, firstly by purely Islamic law, and by means of kinship (custom). The reason for the implementation of the family system is because the majority of people do not understand the law of inheritance in totality in Islam. Second, the application of Islamic inheritance law to the implementation of inheritance law in the Acehnese people in Simpang Ulim District is complementary and side by side with customary law. On this occasion, the heirs will ask for guidance from religious leaders by kinship consensus.

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

scholarly journals Pewarisan Menurut Hukum Waris Islam Terhadap Sistem Kekerabatan Matrilineal Minangkabau

Notaire ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 197
Author(s):  
Ira Damayanti Putri ◽  
Dhea Amelisca ◽  
Sarfia Nengsih
Keyword(s):  
Indigenous People ◽  
Family System ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family

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.

Comparative Law and African Customary Law

2006 ◽  
pp. 640-674 ◽  
Author(s):  
T. W. Bennett
Keyword(s):  
Oral Tradition ◽  
Customary Law ◽  
Sub Saharan Africa ◽  
The Social ◽  
The Family ◽  
International Diplomacy ◽  
Customary Laws ◽  
The Subject ◽  
Sub Saharan ◽  
Normative Order

Customary law grows out of the social practices which a given jural community has come to accept as obligatory. It is a pervasive normative order, providing the regulatory framework for spheres of human activity as diverse as the family, the neighbourhood, the business of merchant banking, or international diplomacy. This article looks at the customary laws of sub-Saharan Africa. It deals with the preservation of the law in an oral tradition and how it has been influenced by certain social, economic, and political structures. This focus requires, in turn, that particular attention be paid to factors influencing the production of texts on customary law. Because information on the subject is limited, outdated, and somewhat subjective, readers must be made aware of how changes in the theories of jurisprudence and anthropology have affected ideas and preconceptions.

scholarly journals KEDUDUKAN PEREMPUAN HINDU MENURUT HUKUM WARIS ADAT BALI DALAM PERSPEKTIF KESETARAAN GENDER

2017 ◽  
Vol 1 (2) ◽  
pp. 618
Author(s):  
Ni Kadek Setyawati
Keyword(s):  
Gender Equality ◽  
Research Method ◽  
Customary Law ◽  
Theory Of Justice ◽  
Equal Status ◽  
The Status ◽  
Hindu Women ◽  
Charles Fourier ◽  
The Right ◽  
Feminism Theory

<p><em>The Balinese adhere to the patrilineal system, so that inherited inheritance is a boy who has grown and married, while the daughter is not an heir. The consequences of this system greatly affect the position of women in terms of inheritance. The decision of Bali Province MUDP Number 01/Kep/Psm-3/ MDP Bali/X/2010 is a progress towards the position of women as heirs.</em></p><p><em>This study aims to answer two issues: (1) how the development of inheritance rights of Hindu women in Bali customary law and (2) how the status of Hindu women according to Balinese customary law in the perspective of gender equality.</em></p><p><em>Theories used to analyze problems are the gender theory of Anne Oakley, feminism theory of Charles Fourier, and the theory of justice from Aristotle. The research method used normative research by examining a number of rules about customary law relating to the inheritance of Hindu women who have not fully gained equal status with men as stipulated in the teachings of Hinduism.</em></p><p><em>The results obtained in the period before 1900 the life of Hindu society Bali applies the absolute purusa system which only recognizes heirs is a boy, but after 1900 there has been a development with some jurisprudence and there is a decision of Majelis Utama Desa Pakraman (MUDP) which states that women have the right to inherit, even though they are only entitled to enjoy the treasure Rich parents and after marriage get a tetatadan property and for parents who are able to give the treasure for the sake of maintaining the sustainability of his life, so with the rules at least happen gender equality.</em></p><p><em>The still strong patrilineal culture prevailing in indigenous Balinese society makes the position of women not fully acknowledged, even in the case of female decision making is not taken into account. The obligations of Hindu women in family, marriage and society are not much different from men's obligation, this should be a consideration to give women the opportunity to have equal status with men, especially in the customary law of Bali.</em><em></em></p>

scholarly journals Certainty of Legal Distribution of Inheritance through Grants (Study in Dompu District, Dompu Regency)

2019 ◽  
Vol 6 (2) ◽  
pp. 490
Author(s):  
Arif Rahmat ◽  
Lalu Husni ◽  
Aris Munandar
Keyword(s):  
Family Conflict ◽  
Islamic Law ◽  
Customary Law ◽  
Economic Factors ◽  
Legal Certainty ◽  
Inheritance Law ◽  
The People ◽  
The Family ◽  
The Absolute ◽  
Religious Courts

This study aims to analyze and examine the factors that influence the distribution of inheritance through grants in Dompu District, as well as reviewing the legal certainty of inheritance distribution through grants in Dompu District.The results of the study show that: Factors that influence the distribution of inheritance through grants to the Dompu Sub-District Community are Concern Factors of family conflict, Economic Factors and Efforts to protect the absolute part of the heirs. In terms of the distribution of inheritance through grants to the Dompu Subdistrict community, there is no legal certainty, that with empirical facts on the people of Dompu Subdistrict, there are still many inherited disputes from heirs after the parents as heirs die. began on some heirs who did not have good intentions and denied the results of the agreement in terms of the distribution of inheritance through grants agreed together by all heirs, which is a customary practice from generation to generation in the Dompu community, then the heirs demanded back in share based on Islamic inheritance law, under the pretext that if a family (Islam) has two laws that apply such as customary law and Islamic law, then as long as the community must obey and comply with the provisions of Islamic law as well. If the heirs still cannot agree and feel an objection regarding the inheritance given by the heir by means of the heir’s gift during his lifetime, then it can be resolved through the Religious Court. This is in accordance with Article 49 of Law No. 3 of 2006 concerning the Religious Courts. But these things affect the harmony and division within the family. That from the results of research on inheritance events in the Dompu community.

scholarly journals An ACCULTURATION OF THE APPLICATION OF INHERITANCE LAW IN THE SUNDANESE INDIGENOUS COMMUNITY OF WIWITAN

2021 ◽  
Vol 3 (2) ◽  
pp. 135-142
Author(s):  
Siti Nuraidah ◽  
Ani Yumarni ◽  
Nurwati
Keyword(s):  
Indigenous Peoples ◽  
Social Life ◽  
Belief System ◽  
Customary Law ◽  
Inheritance Law ◽  
The Family ◽  
The Moment ◽  
Legal Subjects ◽  
Statutory Regulation ◽  
Legal Consequences

Indigenous peoples are legal subjects recognized for their traditional rights and other rights by the 1945 Constitution and other laws and regulations. Sunda Wiwitan is understood as the original Sundanese religion or early Sundanese which is the naming of the belief system used by people of Sundanese descent who still confirm the spiritual teachings of the Sundanese ancestors. Humans are legal subjects, bearers of rights and obligations from the moment of birth and end when humans die. From the event of a person's death, there are legal consequences, namely how to resolve the rights and obligations of the person's death which is regulated by inheritance law. This is an empirical juridical method or non-doctrinal study, looking at the validity of a statutory regulation and legal norm originating from religion, which lives and develops in a group of indigenous peoples. The purpose of this study was to determine and examine the acculturation of customary inheritance law and Islamic inheritance law in the Sunda Wiwitan community and to determine the form of application of Islamic inheritance law to the Sunda Wiwitan indigenous people in Kasepuhan Ciptagelar with Kampung Urug. The results show that the acculturation of the application of inheritance law to the Sunda Wiwitan community, Kasepuhan Ciptagelar and Kampung Urug regarding the application of Islamic inheritance law is that Islamic inheritance law is carried out by prioritizing deliberation and consensus in the family of the heirs of the Sunda Wiwitan Indigenous Peoples. followers of Islam. As for customary law, the Sunda Wiwitan people make it a norm and culture that is carried out in social life.

scholarly journals PLURALISME HUKUM WARIS DI INDONESIA

Al-Qadha ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 20-30
Author(s):  
Adelina Nasution
Keyword(s):  
Family System ◽  
Legal Systems ◽  
Inheritance Law ◽  
The Family ◽  
Inheritance Laws

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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