Constitutional Court Decision Number 46 / Puu-Viii / 2010 Reviewed from the Perspective of Adat Law, Burgerlijk Wetboek (Bw) and Islamic Law

Hendra Eka Saputra, Irham Zaki, Muhammad Ubaidillah Al Mustofa

Abstract

The polemic that arises relating to the Constitutional Court hearing No. 46 / PUU-VIII / 2010 concerning inheritance rights of children outside of marriage, provide those children with inheritance rights and civil relationship to the father. This can be implemented as science and technology or other evidences that can be accepted by law, prove the blood relationship. This study aims to analyse inheritance law for children outside of marriage in the perspective of Adat law, Burgerlijk Law (BW) and Islamic law. This study uses descriptive qualitative approach. According to Adat law, children outside of marriage does not receive inheritance rights nor inherit from the father, except in the custom of Minahasa for the reason of humanity aspect, which is called Mehelilikur. Burgerlijk Law (BW) article 867 and Islamic law stated that children born outside of marriage or adultery do not receive inheritance or inherit from the father. They have only the right to receive living expenses. In addition, the child born from a betel marriage is valid in Islamic law and has the civil right to his father to receive inheritance and inherit.

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Paper Citation


in Harvard Style

Saputra H., Zaki I. and Al Mustofa M. (2018). Constitutional Court Decision Number 46 / Puu-Viii / 2010 Reviewed from the Perspective of Adat Law, Burgerlijk Wetboek (Bw) and Islamic Law.In Proceedings of the 2nd International Conference Postgraduate School - Volume 1: ICPS, ISBN 978-989-758-348-3, pages 660-663. DOI: 10.5220/0007549006600663


in Bibtex Style

@conference{icps18,
author={Hendra Eka Saputra and Irham Zaki and Muhammad Ubaidillah Al Mustofa},
title={Constitutional Court Decision Number 46 / Puu-Viii / 2010 Reviewed from the Perspective of Adat Law, Burgerlijk Wetboek (Bw) and Islamic Law},
booktitle={Proceedings of the 2nd International Conference Postgraduate School - Volume 1: ICPS,},
year={2018},
pages={660-663},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0007549006600663},
isbn={978-989-758-348-3},
}


in EndNote Style

TY - CONF

JO - Proceedings of the 2nd International Conference Postgraduate School - Volume 1: ICPS,
TI - Constitutional Court Decision Number 46 / Puu-Viii / 2010 Reviewed from the Perspective of Adat Law, Burgerlijk Wetboek (Bw) and Islamic Law
SN - 978-989-758-348-3
AU - Saputra H.
AU - Zaki I.
AU - Al Mustofa M.
PY - 2018
SP - 660
EP - 663
DO - 10.5220/0007549006600663