Plurality of Inheritance Law in Indonesia: Similarity and Difference

Inheritance Law in Indonesia is plural. There is more than one regulation about inheritance. They are Western Law (Dutch law that was brought by Dutch when colonized Indonesia), Islamic Law, and Adat Law.

Similarity

Western Inheritance Law, Islamic Inheritance Law and Adat Inheritance Law regulate changeover of wealth from a generation to next generation.

Difference

According to Western Inheritance law and Islamic Inheritance Law, time of opening of inheritance is depended on someone’s death. It means no death no inheritance.

According to Adat Law, time of opening of inheritance is not always depended on someone death. Inheritance can happen when someone still alive or after someone dead. In some regions, like in Center Java and Yogyakarta, the parent often gives a gift to their children when they married. The gift is often assumed as part of inheritance. So if the parent dead, the married children that were received the gift has lost their right to inherit from their parent.

Besides, there is difference about part of inheritance that received by heir. In Western law, man and woman have the same part of inheritance. In Islamic Law, there is certain part for heir; ½, 1/3, 1/6, 1/8, 2/3. In Adat law, the stipulation about part of inheritance for heir is not same in each region.

Example Case:

Mr. and Mrs. X have 3 sons, A, B and C. When A and B married, they each got a rice field from their parent. Then Mr. X and Mrs. X dead and they only leave a house. The question, who can inherit the house?

• According to Western law and Islamic Law, the rice fields that were received by A and B are just gifts. They are not parts of inheritance. So  A, B and C have the same right to inherit the house. So the house must be split into 3, so they get each 1/3 of house.
• According Adat Law, the house is right of C. The rice fields that were received by A and B are assumed as parts of inheritance.

(Image from Google)