Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Distribution of Inheritance Property is Reviewed from Civil Law

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341760,
        author={Binsar Jon Vic and Fransiscus Xaverius Suminto Pujiraharjo},
        title={Distribution of Inheritance Property is Reviewed from Civil Law},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={inheritance law; division of assets; civil law},
        doi={10.4108/eai.28-10-2023.2341760}
    }
    
  • Binsar Jon Vic
    Fransiscus Xaverius Suminto Pujiraharjo
    Year: 2023
    Distribution of Inheritance Property is Reviewed from Civil Law
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341760
Binsar Jon Vic1,*, Fransiscus Xaverius Suminto Pujiraharjo1
  • 1: Universitas Borobudur
*Contact email: binsarjonvic@gmail.com

Abstract

Discussions regarding inheritance will never end, controversy will arise if one party feels that the distribution of inheritance is unfair, and if there is an argument will threaten the family harmony. This study uses norms founded on government decrees which focus on documents as the object and the analysis of the information obtained is conceptually related to normative legal research. Each heir has the right to claim the share of inheritance that is his or her right. So the inheritance system adopted by the Civil Code is a bilateral individual inheritance system, while the difference is that when the heir dies, the assets must first be deducted from expenses, including whether zakat has been paid for the assets, then, deducted to pay debts or care for the body first. After it is cleaned, and then distributed to the heirs, whereas the Civil Code does not acknowledge this, the next difference fibs in the size and measure of the share received by each heir, which according to the provisions of the Civil Code all heirs' shares are the same, it does not differentiate whether children, or siblings, or mothers and so on, are all equal, whereas according to Islamic law the divisions between one heir and another are differentiated.