Rich, Johannes Immanuel and Djaja, Benny (2024) Bagaimana Keberlakuan Hak Waris di Indonesia. UNES Law Review, 6 (2).
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Abstract
This research investigates the implementation of inheritance rights in Indonesia
with a focus on the role of customary law, religious law, and positive law in the distribution
of inheritance. The research findings illustrate the complexity of the property inheritance
system which is influenced by local norms, traditional traditions and religious values.
Although Indonesia has national regulations governing inheritance rights, customary law
often dominates the division of property in various regions, creating significant variations.
Religious law, especially Islamic law, also plays a key role, although implementation varies
across different Muslim communities. This research highlights the problem of gender
inequality in the inheritance of property and the complexity of modern family structures as
the main factors influencing the implementation of inheritance rights. In addition, the
economic impact of inheritance rights is highlighted, with particular attention to property
management, fair distribution, and protection of heirs' rights. Policy recommendations
include legal reform, increasing public awareness, and empowering women to create a more
inclusive and fair inheritance rights system in Indonesia.
| Item Type: | Article |
|---|---|
| Subjects: | Artikel |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | fh perpus |
| Date Deposited: | 20 Jan 2025 01:22 |
| Last Modified: | 20 Jan 2025 01:22 |
| URI: | https://repotest.untar.ac.id/id/eprint/45494 |
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