Position of Non-Marital Children in Inheritance Reviewed From Tengger’s Adat Law

Krisnanto, Wahyu and Sagala, Chris Ayu Berta Uli and Ziliwu, Frans Candra (2020) Position of Non-Marital Children in Inheritance Reviewed From Tengger’s Adat Law. In: Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Advances in Social Science, Education and Humanities Research, Vol499 . Atlantis Press SARL&Faculty of Law, Jenderal Soedirman University (UNSOED), Purwokerto, pp. 235-241. ISBN 978-94-6239-295-3

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Abstract

The core family is the smallest group of a society consisting of father, mother and children. The child’s existence in a family has a very important value for the family. Not only as a succession generation of family descendants but also a family heir. However, not infrequently the presence of children is no longer a result of marital relationships, but rather the process of pregnancy outside of marriage. In the national law itself, the child’s position as a result of relationship outside marriage has been regulated in Article 43 paragraph (1) of Marriage Law No. 1 of 1974. Nevertheless, as a country that adheres to legal pluralism, Indonesia also recognizes the existence of customary law that regulated the position of a child as a result of the relationship outside of marriage. One of the tribes in Indonesia that recognizes this customary law is the Tengger tribeThis paper is essentially the results of the legal anthropology research conducted with an ethnographic approach. In this paper, it will be discussed how the Tengger tribe regulates the position of children as a result of relationship outside of marriage and how they regulate the rights of inheritance against a child outside of marriage.

Item Type:	Book Section
Uncontrolled Keywords:	adat law, inheritance, non-marital children
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Prodi Ilmu Hukum
Depositing User:	Wahyu Krisnanto
Date Deposited:	05 Jan 2021 05:47
Last Modified:	12 Apr 2023 08:03
URI:	http://repositori.ukdc.ac.id/id/eprint/517

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