Changing Adat Inheritance Law

Nalle, Victor Imanuel W. (2017) Changing Adat Inheritance Law. In: Adat law 100 year on: Towards a new interpretation?, May, 22-24 2017, Leiden.

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The development of judgments showed that daughters have the right to inherit although it was contrary with the principle of adat inheritance law, especially in patrilineal communities. The judgments use the perspective of human rights to criticize inequality between men and women in adat inheritance law. Furthermore, Supreme Court considered the hegemony of patriarchal perspective on inheritance law reviewed adat inheritance law based on the general principles of law, especially on human rights principle. Consequently, the judges had gradually softening the substance of adat law, especially on inheritance disputes that involved women. However, the 1945 Constitution of the Republic of Indonesia respects the existence of adat law. Article 28I par. 3 states that state respect cultural identities and rights of traditional communities in accordance with the ‘development of the times and civilizations’. This study show that definition of criteria ‘the development of times and civilizations’ is important to prevent adat law from arbitrary interpretation which demonstrates the superior mentality of the state to adat law.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: adat law, inheritance, gender, development of times and civilizations
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Prodi Ilmu Hukum
Depositing User: Victor Imanuel W. Nalle
Date Deposited: 14 Oct 2019 10:08
Last Modified: 14 Oct 2019 10:08

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