Model child's inheritance law towards business assets in intermarriage, of an Autralian and Indonesian citizen

Abstract

Intermarriage as one of the realm of Civil International Law has choices of law in the settlement of disputes. As an example of a case in the summary this thesis, there is a dispute of inheritance in the form of a business asset placed on behalf of the wife (the mother of the heirs). The marriage was performed in Indonesia and Australia with Islamic Law and the marriage has been registered in Indonesia, this marriage also has had three sons who have different citizenship. There are several options to resolve the dispute legal heirs such as this, i.e. according to The Book of The Law of Civil Law, Australia Inheritance Law, or based on Compilation of Islamic Law. Legal issues in this study are: (1)How the child's inheritance settings in a internarriage over the business assets are put under the name (the nameof) wife. (2) What is the applicable law of the resolution of disputes the fulfillment of children's inheritance in aintermarriage against a business asset that is placed under the name of the wife. After the qualification against theabove inheritance disputes based on legal facts which connecting factors, then the judge could determine that theCompilation of Islamic Law is the right law to use. Legitimate marriage done according to Islamic law, then theIslamic law also applies to things of the legal consequences of marriage such as inheritance disputes. This researchuses the normative research methods by researching existing library materials such as legislation, books relating tolaw, as well as a dictionary or encyclopedia.