Inheritance Rights of Children in Customary Law and Civil Law

Lily Kalyana; Evita Israhadi

Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia

Research Article

Inheritance Rights of Children in Customary Law and Civil Law

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@INPROCEEDINGS{10.4108/eai.30-10-2021.2315671,
    author={Lily Kalyana and Evita Isretno Israhadi},
    title={Inheritance Rights of Children in Customary Law and Civil Law},
    proceedings={Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia},
    publisher={EAI},
    proceedings_a={MIC},
    year={2022},
    month={1},
    keywords={child; inheritance rights; customary law; civil law},
    doi={10.4108/eai.30-10-2021.2315671}
}

Lily Kalyana
Evita Isretno Israhadi
Year: 2022
Inheritance Rights of Children in Customary Law and Civil Law
MIC
EAI
DOI: 10.4108/eai.30-10-2021.2315671

Lily Kalyana¹^,*, Evita Isretno Israhadi¹

1: Universitas Borobudur, Jakarta, Indonesia

*Contact email: lilykalyana@yahoo.com

Abstract

This paper analyzes the inheritance rights of children from the perspective of customary law and civil law. Through a qualitative approach and normative juridical research methods with data collection tools using literature studies, it was found that there were differences in the application of children's inheritance rights. Customary law only recognizes equal rights that lie in descent, while civil law recognizes the difference between the inheritance rights of children based on legal children resulting from marriage and children outside marriage. This difference needs to be responded to in implementing children's inheritance rights when dealing with customary areas.

Keywords: child; inheritance rights; customary law; civil law

Published: 2022-01-08
Publisher: EAI

: http://dx.doi.org/10.4108/eai.30-10-2021.2315671