HEIR LAW IN INDONESIA

I.SOME LEGAL HEIR IN INDONESIA

The law is the legal heir of someone set the legacy when he died and legacy in the share to the heir.
In explanation of Article 49 letter b of Law. 3 in 2006 described the heir is the determination of who becomes the heir, the determination of the inheritance, the determination of each heir, and the implementation of the division of inheritance and the determination of the court on the application of the determination of someone who has become the heir, the determination of each heir.
In 3 kinds of valid legal heirs, namely:


a. Islamic inheritance law
law that came from GOD SWT and in the Qur'an, al-Fatwa and the hadith scholars.
Moderate Islamic law according to the experts is
"According to Islamic inheritance law (law faraidh), the legal heirs according to the term language is destiny qadr / provisions, and in ya'ra is the parts that diqadarkan / specified for the heirs.
Thus faraidh is special about the heirs of
have been determined by size of the sya'ra ".
(H. Abdullah Syah, 1994: 4)

b. customary inheritance laws
legal heirs customary inheritance law is applicable from generation to generation in a community.

Meanwhile, the legal heirs according to the customs experts are:
"The rules about the way of the century to century resumption
& The transition from the tangible property that is not the shape of &
generation in the next generation. "
(Ter Haar, 1950: 197).
"Customary HEIR Law according to the rules that set the process
forward and take the goods that are not tangible objects
(IMMATERIELE GOEDEREN) from a human host (generation)
to decline ".
(Supomo, 1967: 72)

c. legal heir west
the west is the legal heir of the legal heir Kitan set in law or civil law BW, where the law is derived from the Netherlands and Indonesia to the Netherlands at the time colonize Indonesia.
In the Book of Law civil law (BW) also provide the legal heirs as follows:
According to Article 830 BW:
"Inheriting only take place because of death"

According to the 832 BW says:
"According to the Act are entitled to become the heir is, the
family one blood both legitimate and marries outside of the husband & wife who atua
oldest living, according to all rules listed below, in the case
one blood when both family life and the husband of the oldest
wife does not exist, then all the wealth defection who died a
state-owned, which must pay off all debt, a price
legacy enough for that.

The three legal heirs have 3 the same basic elements, namely:
1.the inheritance or property
2.testatrix called inheritance, the heir to the people of the atus
own property inheritance
the heirs of the people receiving or forwarding division of property or inheritance.


II. The division of ISLAM hereditary law, AND LAW CUSTOM hededitary WEST.

The three legal heirs now have a difference in the division of inheritance. The difference is as follows:
1. On the legal heir of Islam in Al-quran Surah an-Nisa. This we see in Surah an-Nisa verse 7 which read:
"For men have the right part of the property defection Mother-Father, and relatives, and for women have also legacy of Mother-Father, and relatives, either little or a lot of the parts that have been set"
Then Surah an-Nisa verse 11

"God give you about (the) children, to a man model the two women. If the children that women are more than two people, for a two-thirds of their heritage, and if she was alone, for the half. For two parents, for each 1/6 of survival, if it (dead body) have children. If there is no dead bodies have children and the parents
heirdom only just, the third for his mother, but if some of the corpses have relatives, to his mother 1/6, issued after a testament
in a testament to its or debt-debt. Mr. fathers and sons you never know, who is among those close to
its benefits you. This is one of God's provisions. Allah is Knower, Wise "an-Nisa 11)

Furthermore, in An-Nisa verse 12
"You half of the remainder wife, if he does not have children, but if he is a, then for a quarter of inheritance, issued after a testament diwasiatkannya or debt. (If you die) to them (the wife-wives) of your inheritance quarter, if you not have children, if you have children, to their eighth of our inheritance, issued after a testament you wasiatkan or debt-hutangmu. If men or women who have children or not inherited berbapak and her blood relatives have a male or female, to each seperenam. If they (blood relative) and more than a third of them in the association, issued after a testament diwasiatkannya or debt-debt, without giving mudharat (to heirs) as a testament (command) of Allah. And Allah is Aware of Clement "(an-Nisa'-12).
Surat An-Nisa verse 176:
"They have a fatwa to you (O Muhammad) say: Allah memfatwakan you about kalalah. If a man died for no children and have her sister, the sister to the half of the peninggalannya. Brother also mempusakai her female relatives, if there is no child for her brother. If the two sister to the two-thirds of both peninggalannya relatives. If they are some of the brothers, men and women, to a man seumpama the two women. God explain to you, so you do not lose. Allah knows every thing "(an-Nisa'-1 .76).

Thus the clear division of inheritance to the heirs according to Islamic inheritance law.
2. Legal heir to the west, on the set in KUHperdata / BW in the book to two of the matter, especially to Chapter twelve - eighth chapter remorse. Conditions in KHUperdata rules apply to citizens of Indonesia such as foreign-born Europe, china, even the descendants of arab & other are no longer cling to the teachings of religion.

Principal legal heirs can be seen on the western section of 1066 Civil KUH
states:
a. In the case have a right to part of a set of property,
it is not a forced mambiarkan bendanya property is still in the for -
between those who together have the right upon
b. The division of property is always charged even though there is an agreement
contrary to the
c. Diperjanjikan can, that the division of property during the dipertangguhkan
a certain time
d. The agreement of this kind can only be valid for five years but can
held again, if the grace that has been five years ago. "
(Wirjono Prodjodikoro, 1976: 14)

How the division of inheritance in the inheritance law is 1:1, or for boys and girls will be the same.

3. Depending on the customary law of inheritance practices in the community who have already become a law that has been derived from generation to generation.
for example, going pluralism in general due to the influence of the order of a family / kinship held in Indonesia. The order is:


a.Pertalian the descendants of the men (Patrilineal)
Example: Batak, Bali, Ambon
b. Tie keturuman according to the women (matrilineal)
Example: Minangkabau, Kerinci (Jambi), Semendo-(Sumetera South)
c. Tie-line descendants of the mother & father (Parental / Bilateral)
For example: Malay, Bugis, Java, Kalimantan (Dayak), etc..

How pembagiannya also have the 2
1.Anak men's 2-fold from a daughter
2.Anak men equally with women, children

But that is often used a balanced division between the sons and daughters, as legal heir west. In this law does not know how the division of mathematical calculation, such as the legal heir in Islamic law because it is always based on the consideration or because the object exists and needs of the heirs.


III. Constraints in the implementation of Islamic LAW
Muslims do not actually need to choose the law which is used in the distribution of inheritance because Islamic inheritance law is part of the compulsory Islamic Syariat we run or we obey the law because Islam has been in the heir specify GOD in the Al-quran, hadith Rasullulah SAW and the ulama ( mujtahid).
Indeed, the three legal heirs (Islamic inheritance law, inheritance law and customary law heir west) has long been applied in Indonesia, but after ditetapkannya thn Act No.7 of 1989 and be subject to Muslims and obey the laws of Islam. The division of inheritance must be Islam.
Be pitied, but very many of the Muslims who did not want to follow the legal heir of Islam, which causes a variety of one of them is less understanding of Islamic law on inheritance itself.

Lack of understanding on sebabkan because there are things that they do not know about the inheritance law itself. That often appear dipikiran people who understand the meaning of less wari Islamic law is why the men more than the women, why have these differences.

Can not be denied also that the rapacious nature of the self manusialah that can not be muted or eliminated by those who want the very wealth of the world. They seek to benefit themselves with the goal enrich themselves by not thinking about the interests of others.

In addition there are also many constraints of the women have to understand the legal heir of Islam but does not apply because it felt like the right of women and men are equal, should not be different in the distinction. So take a decision on the outside what has been set by the Islamic inheritance law.

Examples of cases that had occurred heritage in a big family that I know, where the family is known as the people who understand the religion, but when their parents died there property inheritance disputes every child wants more than the others and they eventually choose to use the law heir west sister because they want it.

Finally, to know the truth then I am a discussion with some people. I ask about the legal heir of Islam and their answers are manifold. Some say that the inheritance law that already exists in the Al-quran but they can not properly understand how the division of inheritance. There is also a section for boys is larger than the female child is 2:1, but does not know whether the men and women in the computation of the whole property or how.

After I asked if there is to know if the payment does not comply with Islamic law Waria that GOD has set in, they said that if the reward is clearly not complying with the GOD.

Yes, the level of awareness of Muslims in the Islamic inheritance law in the lace. They only understand in theory but does not want mempraktekkannya.


IV. HOW-HOW TO IMPROVING LAW ISLAM

Sesalkan very seriously in that there are Muslims who do not understand ajarannya own. understanding of the content of Al-quran especially inheritance law so that the object this paper is very minimal due to a lack of desire to learn al-quran.

Since early introduction to the children is also very helpful because it not only introduce children on how to read Al-uran but also how to understand the content of Al-quran and run all the commands of GOD in the Al-quran.

Efforts to provide counseling from their religious leaders to community figures with menyelenggaran akbar a religious ceremony and in each neighborhood.
For example with the propaganda, Islamic studies, etc. tausiyah.

Even better when the teenagers in mesjidpun Involve children early because the legal heir to know better later on.


V. CONCLUSION

There are 3 legal heirs, namely in Indonesia
1.Islamic law inheritance
2.customary law inheritance
3.west law inheritance

Islamic inheritance law, inheritance law and customary law heir west have 3 of the
1.adanya inheritance or property
2.pewaris called inheritance, the heir to the people of the atus
own property inheritance
3.adanya the heirs of the people receiving or forwarding division of property or inheritance.

But they are legal heirs to the Islamic Al-quran, Hadits Rasullulah SAW and the mujtahid. Therefore, to run in the Islamic inheritance law is a form of worship.

Lack of understanding and kesadaranlah that become obstacles in the legal heir of Islam in society and the degree of equality between women and men affect how you view women in the legal heir of Islam
So that the women demanded the same rights with men, namely the division of inheritance that is their fair 1:1


VI CLOSING

It is a good idea as we Muslims understand the legal heir of Islam to always remind us closer to the brothers to run the legal heir of Islam that we must comply.

It does not need to happen menungu heir in case we start a new family membahasnya but let's make the legal heir of Islam into a conversation of interest to the perbincangkan between relatives.

Build awareness of the legal heir of Islam so that we do not include those who perish.