LEGISLASI HUKUM KEWARISAN DI INDONESIA

Abstract

Inheritance law is one part of the civil law as a whole
and is the smallest part of family law. Inheritance
law in Indonesia is still very pluralistic covers three
areas of law, namely the customary inheritance law,
Islamic law and the civil law of inheritance (BW).
The third system of inheritance law applies despite
together but in reality do not always go hand in
hand, and often lead to conflict. For people who are
Muslims, Islamic inheritance law is based on Islamic
Law Compilation (KHI) is not a legal provision that
is imperative. Thus Islamic law for Muslims in
Indonesia are voluntary (choice of law). How to
shape legislation inheritance law in Indonesia, be a
topic of studies in this paper.