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Research Paper | Law | Indonesia | Volume 12 Issue 11, November 2023 | Popularity: 5.3 / 10

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The Legal State of Equality and Inheritance in Equation of Traditional Heritage Equality in Matrilineal Societies in Indonesia

Erleni

Abstract: The discussion of women's inheritance cannot be separated from the position of women in customary inheritance law. Because the position of women in customary inheritance law is one part of customary inheritance law as a whole. Traditional inheritance law is basically the law of passing on assets from one generation to the next generation or to their descendants. The application of the concept of gender equality in customary inheritance law in Indonesia has so far not given rise to legal problems. This is because differences in acceptance of inheritance rights passed down from their ancestors are felt to have a sense of justice for the community. Research findings reveal that the role of women in the inheritance laws of indigenous Indonesian communities is intricately linked to the kinship systems these communities uphold. This system determines the position of heirs based on the sex or gender of the heirs. The integration of gender equality into the inheritance law of these communities align with principles of balance, justice and benefit. The concept of gender equality in the inheritance law of customary communities that can be used as a reference in developing national law is to use the principle of balance and justice between the rights and obligations of men and women in the formation of statutory regulations.

Keywords: Gender Equality, Inheritance, Custom

Edition: Volume 12 Issue 11, November 2023

Pages: 30 - 33

DOI: https://www.doi.org/10.21275/SR231028090124

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