NATIONAL INHERITANCE LAW: LOOKING AT THE WEAKNESSESAND CHALLENGES OF ITS IMPLEMENTATION IN INDONESIA

Assaad, Andi Sukmawati and Hasyim, Baso and Yusmita (2022) NATIONAL INHERITANCE LAW: LOOKING AT THE WEAKNESSESAND CHALLENGES OF ITS IMPLEMENTATION IN INDONESIA. National Inheritance Law: Looking at the Weaknesses and Challenges of Its Implementation in Indonesia, 7 (1). pp. 57-74. ISSN 2580-317

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Abstract

A.Sukmawati Assaad1, Baso Hasyim2, Yusmita3
1,2Institut Agama Islam Negeri (IAIN) Palopo, Indoneisa
3Universitas Islam Negeri Fatmawati Sukarno Bengkulu, Indonesia
Correspondence: hj.a.sukma@iainpalopo.ac.id
Abstract. This article describes the inheritance law in Indonesia, namely
customary inheritance law, Islamic inheritance law and Western civil
inheritance law (BW). The three inheritance law systems have their respective
adherents from the original community, descendants of both Muslim and nonMuslim. Thus, there is a pluralism of inheritance law in Indonesia; this is not the
case regarding marriage which already has a legal umbrella, namely Law
Number 1 of 1974 which is the result of the achievements of Indonesian Islamic
jurists during the New Order era which was able to unite the Indonesian people
in the form of legal unification. The unification and codification of inheritance
laws that apply nationally would require a long process to achieve the goals and
ideals of the Indonesian nation. The purpose of writing this article is to find out:
1. what is the form of the National Inheritance Law in Indonesia? 2. What are the
results of the SWOT analysis of the National Inheritance Law in Indonesia? This
study uses descriptive research methods, i.e. by exploring or photographing
social situations that were studied thoroughly, broadly, and deeply. This article
concludes that the national inheritance law in Indonesia is constitutionally
enforceable. In addition, there is a need for the role of religion in contributing to
the development of the inheritance law. However, it takes a great effort by the
parties involved to socialize the law because there are still many inheritance
disputes that occur in the community because they leave the legal institutions,
both religious courts and general courts
Keywords: Law, Inheritance, SWOT Method

Item Type:	Article
Subjects:	200 Agama > 2X4.4 Hukum Waris Islam, Faraid
Divisions:	Fakultas Syariah > Program Studi S-1 Hukum Keluarga
Depositing User:	Sainuddin Sako
Date Deposited:	04 Jul 2022 04:50
Last Modified:	21 Oct 2024 01:47
URI:	http://repository.iainpalopo.ac.id/id/eprint/4696

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