Determining the Inheritance Law System to be used in the Event of someone’s Death
Journal Title: International Journal of Multidisciplinary Research and Analysis - Year 2024, Vol 7, Issue 07
Abstract
Humans cannot be separated from inheritance. Inheritance is the most important aspect in all areas of life, because in the end people are always faced with inheritance, whether it is inheritance in positive form, namely obtaining wealth or negative, namely the existence of many debts that are paid as an inheritance from the testator. Inheritance is something that many people who are in need or who are not in need still hope for an inheritance that can improve and/or increase their standard of living. Inheritance is an inheritance left by a person who dies to his or her heirs. All rights and obligations of the heir automatically (saisine principle) are transferred to the heir(s) when the heir dies, even if the heir is not/is not aware of the existence of the inheritance1. Inheritance often triggers divisions and/or quarrels in families, especially if the heir leaves behind many heirs. Quarrels can occur because of feelings of injustice, jealousy, disagreement or disagreement in the distribution of inheritance and many other things that trigger quarrels over inheritance, but in the end it is the assets that are fought over between the heirs. To minimize the risk of disputes, one way is to determine what inheritance law is used in dividing inheritance assets when someone dies. Determining inheritance law is an important aspect in resolving legal problems related to inheritance of property. This research aims to explore various factors that influence the choice of inheritance law in the context of differences in culture, religion and state law. The research method used is analytical descriptive of the inheritance law system in force in Indonesia as well as a review of related literature. The results of this research identify that in determining which inheritance law to use, factors such as religion, cultural values, state policies and personal family preferences play a crucial role. Apart from that, legal clarity and certainty are also the main considerations in choosing inheritance law. The implications of this research are the importance of being aware of cultural and legal diversity in dealing with inheritance issues, as well as the need for a flexible and inclusive approach in determining inheritance laws that suit the needs and values of the family concerned. This research makes an important contribution to the practical and theoretical understanding of determining effective inheritance law in an increasingly connected global context.
Authors and Affiliations
Dr. Winny Wiriani, S. H, MBA, M. Kn
Keywords
Related Articles
- EP ID EP740693
- DOI 10.47191/ijmra/v7-i07-48
- Views 33
- Downloads 0
Motivational Strategies of Teachers in Relation To Learners’ Academic Performance
Motivating learners is one of the most critical and challenging parts of teaching. As such, they differ in how they motivate students and their motivational strategies. This quantitative inquiry determined the motivation...
Roots as a Substrate in Layering in Lychee
The research was carried out with the objective of evaluating the effect of different substrates based on grass roots, on air layering in lychee plants. The grass seedlings were planted in plastic pots with a capacity of...
Description of Some Anthropometric Indicators of 7-10 Year-Old Student Girls
The growth and development of the organ system at different ages of the human body is of particular importance. Differences in morphological and physiological indicators of the organism are noticeable, especially in the...
The Implication of Presidential Threshold as an Open Legal Policy in Indonesia's General Election
The decision of the Constitutional Court is final and binding, but there are still opinions of the pros and cons of the emergence of the Constitutional Court Decision related to the presidential threshold which is catego...
Indonesia's Foreign Policy in the Indo-Pacific Region in the 2023 ASEAN Chair
This research discusses Indonesia's foreign policy in the Indo-Pacific region during the ASEAN chairmanship period in 2023. This is Indonesia's fourth time as ASEAN chairman, after serving three times in 1967, 2003, and...