KEDUDUKAN ANAK BEDA AGAMA DENGAN ORANG TUA TERHADAP WARISAN MENURUT SISTEM HUKUM WARIS DI INDONESIA

Abstract

There are several inheritance systems that apply in Indonesia, including Islamic inheritance law, customary inheritance law, and Burgerlijk Wetboek inheritance law. The implementation of inheritance law used in practice depends on the background of the inheritor. In this case, problems will arise related to the type of inheritance law that applies to children resulting from interfaith marriages when viewed from each inheritance law system in Indonesia. The research method used is doctrinal research by using a conceptual approach and statutory approach. The purpose of this study is to study and analyze the inheritance of children from interfaith marriages. The results of this study indicate that in the customary inheritance law system and the Burgelijk Wetboek, children resulting from marriages with religious differences do not affect inheritance. As for the Islamic legal system, children who come from interfaith marriages have no right at all in inheriting the inheritance of the inheritor.