Analysis Of The Regulation Of The Rights Of Substitute Heirs According To Statutory Regulations And Legal Principles
DOI:
https://doi.org/10.51601/ijersc.v5i5.875Abstract
The deceased heir can be replaced by his heir (his child) as a substitute heir. In legal terms, the legal norms governing substitute heirs contain legal dualism because they are regulated by more than one legal norm, namely the Civil Code and the KHI. The problem analyzed in this study is about the distribution of inheritance for substitute heirs based on a legal theory approach. The research method used to analyze the problem is the normative legal research method with a statutory regulatory approach and legal theory. The results of the study indicate that in Indonesia there is a dualism of legal norms governing inheritance including substitute heirs. Based on legal theory, the KHI applies to heirs who are Muslim because of its special nature according to Islamic law and for those outside Islam, the Civil Code can be used.
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Soerjono Soekanto, 2022, Indonesian Customary Law, Jakarta: PT Grafindo Persada, 5th ed., p.262
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The implementation of the Compilation of Islamic Law (KHI) is based on Presidential Instruction of the Republic of Indonesia Number I of 1991 concerning the Distribution of the Compilation of Islamic Law which has been followed up by the issuance of the Decree of the Minister of Religion Number 154 of 1991 concerning the Implementation of Presidential Instruction of the Republic of Indonesia Number 1 of 1991.
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Beni Ahmad Saebani, 2009, Fiqh Mawaris, Bandung: CV. Pustaka Setia, 2009), cet. 1st, p.17
Hazairin,1982,Bilateral Inheritance Law According to the Qur'an and Hadith,Jakarta:Tintamas,Fifth Edition Ih27
Ibid
Hazairin, 1982, Bilateral Inheritance Law According to the Qur'an and Hadith, Jakarta: Tintamas, 6th ed.
I Made Pasek Diantha, 2016, Normative Legal Research Methodology, Prenada Media Group, 2016, p.12
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