Indonesia as a plural country has a variety of cultures. With the diversity that exists, of course there are differences in the rules related to the lives of people and their inheritance. In Indonesia, there us not yet inheritance laws that applies nationally. The existence of inheritance law in Indonesia is Islamic inheritance law, civil inheritance law and customary inheritance law. Each inheritance law has different rules. The following explain;
THE LAW OF ISLAMIC HERITAGE
Islamic inheritance law is only applicable to the people who embrace the Islamic religion, where the system of inheritance uses the principle of Islamic law which has been converted in the Complication of Islamic Law and is regulated in Articles 171-214 of the Complication of Indonesia Law, namely Islamic legal material written in Article 229. Its characteristic is that the heir must come from the father or the mother.
In addition, the meaning of inheritance is if the property or the asset given by the person who has already passed away, if the person is still alive the term is called a Grant not an inheritance.
The most Important thing also is that the people who become heirs must have a family or genetic relationship. For example; uncle, children, grandchildren etc.
According to Islamic inheritance law there are three conditions so that inheritance is declared to exist so that a person or heir’s right to receive inheritance is given
- The person who inherited has died and can be proven legally he has died. So that If there is a disruption or gift of PROPERTY to the family when the heir is still alive, it is not included in the category of inheritance but is called a grant
- The people who inherit (heirs) are still alive when the person who inherits died.
- People who inherit and have offspring or kinship, both straight line up ties like father or grandfather and straight down ties like children, grandchildren and uncles.
LEGAL WARIS LEGACY/ WEST
Civil inheritance law or often called western inheritance law applies to non-Muslim communities, including descendants of Indonesian citizens, both Chinese and European, whose provisions are regulated in the civil code (KUHP).
Civil inheritance law adheres to an individual system where each heir acquires or own inheritance according to their respective parts. In civil law there are two was to inherit:
Bequeath is based on the law or bequeathed without a will is called Ab-Instentato, while the heirs are called Ab-Instaat. There are four heirs based on the law:
- The first group consist of the husband and the wife and the children and their offspring;
- The second group consists of parents and siblings and their offspring;
- The third group consists of grandfather, grandmother and so on and up;
- The final group includes of families in further sideways including brothers and heirs of group three.
Inheritance based on a will that is in the form of a person’s statement about what he or she wants after they die that the creator can be changed or revoked as long as they are still able in accordance with the civil code Article 992. How to cancel must be with a new will or a drone with a notary.
INDIGENOUS LEGACY LAW
Customary inheritance law is a law that is believed and run by / carried out by certain types of tribes in Indonesia.
Some customary inheritance laws are not written but are strictly followed by the community in certain tribes in the areas and if there are violators, they will be given sanctions.
This type of law is much influenced by kinship relations and social structure. In addition, the types of inheritance also vary, including:
- Heredity system– this system can be divided into three types, namely the father’s lineage, maternal lineage and both lineages
- Individual system – is a type of inheritance distribution based on their respective parts, generally widely applied to the Javanese tribal community
- Collective system- is a system of inheritance distribution where the ownership of each heir has the right to obtain an inheritance or not receive an inheritance. Generally, the forms of inheritance used with this type is a heritage item in certain communities.
- Majorate system – a system of inheritance distribution that is given to the oldest child in charge of leading the family. For example the Lampung community