SALAM: Jurnal Sosial dan Budaya Syar-i
Vol. 12 No. 2 (2025): Summer Edition

Legal Progressiveness for Heirs with Disabilities as a Form of Affirmative Action

Mardhotillah, Ananda (Unknown)
Yunus, Nur Rohim (Unknown)
Rosdiana, Rosdiana (Unknown)



Article Info

Publish Date
26 Apr 2025

Abstract

This study discusses the problem of the special inheritance section for heirs with disabilities as a form of legal progressiveness based on affirmative action. The distribution of inheritance based on needs provides a greater sense of justice because it is in line with the principle of proportionality. The purpose of this study is to determine and analyze the distribution of special inheritance for heirs with disabilities as a form of legal progressiveness based on affirmative action. The type of research used is normative juridical with a statute approach and a conceptual approach. The results of this study indicate that legal guarantees for heirs with disabilities are still very weak. However, the absence of the phrase heirs with disabilities and the inheritance section, in particular, indicates that the state does not provide a guarantee for the right to receive an inheritance and inherit. This study provides a solution in the form of regulating a special section for heirs with disabilities as a form of progressive Indonesian law based on affirmative action. The existence of special treatment for vulnerable groups is in line with the mandate of the constitution and the principle of justice of John Rawls in the theory of Justice as Fairness. The government, as a duty bearer, must continue to pay attention to heirs with disabilities by fully guaranteeing constitutional rights.Keywords: Disabled Heirs; Legal Progressiveness; Affirmative Action

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Journal Info

Abbrev

salam

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

SALAM: Jurnal Sosial dan Budaya Syar-i (ISSN 2356-1459) is a national journal published by the Faculty Sharia and Law Syarif Hidayatullah State Islamic University of Jakarta, INDONESIA. The focus is to provide readers with a better understanding of Indonesia social and sharia culture and present ...