Pancasila and Law Review
Vol. 5 No. 2 (2024)

The Development of a Bilateral System in National Inheritance Law Grounded in Social Justice

Perwitasari, Dita (Unknown)
Santoso, Budi (Unknown)
Yunanto, Yunanto (Unknown)



Article Info

Publish Date
02 Jun 2025

Abstract

The unresolved conflicts between Islamic law, the Civil Code (KUHPer), and customary (adat) law present significant challenges in integrating bilateral inheritance principles into Indonesia’s national legal framework. The existing pluralistic inheritance system often falls short in realizing social justice, particularly for women and marginalized groups, resulting in legal uncertainty and inequality. This research employs comparative legal analysis and a normative-juridical approach to explore the systematic construction of a bilateral inheritance system that guarantees equal inheritance rights for male and female heirs. The research contributes a novel hybrid legal framework that seeks to harmonize bilateral adat principles—such as equal division among children—with Islamic inheritance laws, which allocate fixed shares to specific heirs, thereby advancing both legal coherence and social equity.

Copyrights © 2024






Journal Info

Abbrev

plr

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Journal of Pancasila and Law Review is published by the Faculty of Lampung, Universitas Lampung as a platform of communication and legal science development. The scope of the Journal of Pancasila and Law Review is the result research or conceptual study of the law, values and meanings contained ...