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Inheritance law dictates how the assets of a deceased person (the testator) are transferred to their rightful heirs. Inherited assets encompass all forms of wealth left behind by the testator. In Indonesia, there are three prevailing systems of inheritance law: customary law (adat), Islamic law, and civil law. Let's examine the differences between them:

 

A. Sources of Law
 

• Customary (Adat) Inheritance Law: 

Originates from the customs and traditions of local communities, passed down through generations, both orally and in writing. Each region has unique aspects in its customary inheritance law. This law governs the inheritance of property and other rights based on prevailing customs.

• Islamic Inheritance Law: 

Derives from the Quran and Hadith. The Quran provides the fundamental principles and provisions for the distribution of inheritance. For example, Surah An-Nisa verses 11-12 explain the distribution of inheritance to 12 heirs with different proportions between men and women. The Hadith of the Prophet Muhammad SAW also provides explanations regarding wills, faraidh (the science of inheritance distribution), and inheritance rights for those without kinship ties.

• Civil Inheritance Law (Western): 

Stems from Roman law and Continental European traditions, later adapted into the Indonesian Civil Code (KUHPerdata) as a legal legacy from the Netherlands. This system emphasizes blood relations as the basis for inheritance, proportional distribution of assets, and the testator's freedom to designate heirs through a will.

 

B. Characteristics
 

• Customary Inheritance Law: 

Communal in nature, prioritizing the interests of the group or family over the individual.

• Islamic Inheritance Law: 

Universal in nature, applicable to all of humanity regardless of differences in ethnicity, race, or culture. This law is flexible, just, and dynamic.

• Civil Inheritance Law: 

Individualistic in nature, emphasizing the freedom of the testator, individual rights, and the importance of legal documents.

 

C. Form
 

• Customary Inheritance Law: 

Its rules are often unwritten, passed down through oral traditions and community customs.

• Islamic Inheritance Law: 

Its rules are written and detailed in the Quran and Hadith. Scholars have also written various works explaining inheritance law in depth.

• Civil Inheritance Law: 

Its rules are written and flexible, usually in the form of a will or other official documents. This flexibility allows for adjustments to the needs and conditions of each party.

 

D. Distribution System
 

• Customary Inheritance Law: 

Distribution is based on a person's role and position in the family or customary community.

• Islamic Inheritance Law: 

Distribution is based on proportions specified in the Quran and Hadith, considering factors such as gender, family relationship, and the existence of a will.

• Civil Inheritance Law: 

Distribution is based on a will made by the testator. The testator has the freedom to determine who will receive the inheritance and how much each will receive.

 

E. Types of Inherited Assets
 

• Customary Inheritance Law: 

Includes movable and immovable property, customary rights, and even customary titles.

• Islamic Inheritance Law: 

Includes only movable and immovable property.

• Civil Inheritance Law: 

Includes movable and immovable property and other assets such as stocks, property, and businesses.

 

Disclaimer: This article is for informational and educational purposes only. We are not responsible for the misuse of the information contained herein. For specific legal advice, consult with a legal professional.