Dr. Winny Wiriani, S.H, MBA, M.Kn

Maranatha Christian University (Bandung, West Java, Indonesia

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.

inheritance, inheritance, heirs

Volume 07 Issue 07 July 2024

There is an Open Access article, distributed under the term of the Creative Commons Attribution – Non Commercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting and building upon the work for non-commercial use, provided the original work is properly cited.