The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law

Q3 Social Sciences
I. Sujana, Irma Rachmawati Maruf
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Abstract

This article analyzes the inheritance rights of children of extramarital under the Balinese Customary Law post-Constitutional Court decision. This study focuses on the extramarital position in inheritance under Balinese Customary Law after the enactment of Constitutional Court decision. Any child born from unmarried parents and adultery is stigmatised as extramarital child (walad al zina)for his entire life and is forbidden from inheriting an estate of his biological father. Then, the reason why this legal issue is chosen as the main subject of the study is due to the legal circumstance in which the Balinese community does not grant a position to extramarital children under Balinese customary law in inheritance from the Purusa line. Hindu-Balinese religious leaders such as Parisada, as well as the Traditional Village Council, have never followed up the Constitutional Court's ruling stating that children born out of wedlock have civil relations with their biological fathers. Islamic religious leaders have followed up on the Constitutional Court's decision by issuing a fatwa of the Indonesian Ulema Council (MUI) imposing an obligation on biological fathers to separate their wealth for a guarantee of life to children. Applying the statutory approach, conceptual approach, sociological approach, and case approach, it can be understood that children born out of wedlock (Balinese call it begin at children) have no position as heirs in the purusa line but only have an inheritance relationship with their mother and their mother's family.
婚外子女继承权的合宪性:评估巴厘习惯法下的法律对策
本文分析了宪法法院判决后巴厘岛习惯法中婚外子女的继承权。本研究的重点是宪法法院判决颁布后巴厘岛习惯法中婚外子女的继承地位。任何由未婚父母和通奸行为所生的孩子,终生都会被污蔑为婚外子女(walad al zina),并被禁止继承其生父的遗产。之所以选择这个法律问题作为主要研究对象,是因为巴厘岛社会在法律上不承认婚外子女根据巴厘岛习惯法可以继承普鲁萨家族的财产。印度教-巴厘岛宗教领袖(如帕里萨达)以及传统村委会从未跟进宪法法院关于非婚生子女与其生父具有民事关系的裁决。伊斯兰宗教领袖对宪法法院的裁决采取了后续行动,印尼乌里玛理事会(MUI)发布了一项法特瓦(fatwa),规定生身父亲有义务将财产分开,以保障子女的生命安全。应用法定方法、概念方法、社会学方法和案例方法可以理解,非婚生子女(巴厘岛人称之为 "begin at children")在 "purusa "血统中没有继承人的地位,他们只与母亲和母亲的家庭有继承关系。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
Hasanuddin Law Review
Hasanuddin Law Review Social Sciences-Law
CiteScore
1.60
自引率
0.00%
发文量
12
审稿时长
12 weeks
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