Research Article
The Child’s Inheritance Law Towards Business Assets in Intermarriage (Case study: The Marriage of an Australian and Indonesian Citizen)
@INPROCEEDINGS{10.4108/eai.3-8-2019.2290747, author={I D A M Adiananda and D A Renaningtyas and C D Restyana and I G E B Pratama and N Mentari and N Alfiani and R Puspitosari and S E Wulandari}, title={The Child’s Inheritance Law Towards Business Assets in Intermarriage (Case study: The Marriage of an Australian and Indonesian Citizen)}, proceedings={Proceedings of the 1st International Conference on Management, Business, Applied Science, Engineering and Sustainability Development, ICMASES 2019, 9-10 February 2019, Malang, Indonesia}, publisher={EAI}, proceedings_a={ICMASES}, year={2020}, month={1}, keywords={intermarriage inheritance business assets}, doi={10.4108/eai.3-8-2019.2290747} }- I D A M Adiananda
D A Renaningtyas
C D Restyana
I G E B Pratama
N Mentari
N Alfiani
R Puspitosari
S E Wulandari
Year: 2020
The Child’s Inheritance Law Towards Business Assets in Intermarriage (Case study: The Marriage of an Australian and Indonesian Citizen)
ICMASES
EAI
DOI: 10.4108/eai.3-8-2019.2290747
Abstract
Intermarriage is one of the realms of Civil International Law has choices of law in the settlement of disputes. As an example of a case in the summary this thesis, there is a dispute of inheritance in the form of a business asset placed on behalf of the wife (the mother of the heirs). The marriage was performed in Indonesia and Australia with Islamic Law and the marriage has been registered in Indonesia, this marriage also has had three sons who have different citizenship. Legal issues in this study are: (1) How the child’s inheritance settings in intermarriage over the business assets are put under the name (the name of) wife. (2) What is the applicable law of the resolution of disputes the fulfillment of children’s inheritance in intermarriage against a business asset that is placed under the name of the wife? After the qualification against the above inheritance disputes based on legal facts which connecting factors, then the judge could determine that the Compilation of Islamic Law is the right law to use. Legitimate marriage is done according to Islamic law, then the Islamic law also applies to things of the legal consequences of marriage such as inheritance disputes. This research uses normative research methods by researching existing library materials such as legislation, books relating to law, as well as a dictionary or encyclopedia.
