The Division of Inheritance of Adopted Children in the Indigenous People of Kampung Naga Associated With Islamic Law

Nugroho, Bambang Daru; Kusmayanti, Hazar; Mulyanto, Dede

doi:10.23920/jbmh.v7i1.985

Cited by 2 publications

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“…Based on the explanation above so in customary law there are universal values, and patterns that are owned as a legal basis, all of which reflect the self of customary law itself, including Sundanese customary law. 31 The indigenous people of Sunda Wiwitan still closely maintain their cultural values, including beliefs, language, and art. In addition to closely maintaining cultural values, the Sunda Wiwitan indigenous people still maintain values and morals and customs.…”

Section: Implementation Of Religious Magical Customary Law Patterns I...mentioning

confidence: 99%

Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java

Kusmayanti,

Kania,

Sulastri

et al. 2023

SASI

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Introduction: The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research: In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java.Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia).

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Section: Implementation Of Religious Magical Customary Law Patterns I...mentioning

confidence: 99%

Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java

Kusmayanti,

Kania,

Sulastri

et al. 2023

SASI

Self Cite

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“…The research method used in this study is normative juridical, namely legal research conducted by examining library materials derived from secondary data, namely data obtained indirectly from primary, secondary, and tertiary legal materials. 13 The case began with a lawsuit by the child's mother, who wanted to prove the paternal line (buna) and the fate of her daughter, who was born out of wedlock.…”

Section: Introductionmentioning

confidence: 99%

Inheritance of Extramarital Children Determined as Legal Children After the Constitutional Court Decision No. 46/PUU-VIII/2010

Lestari,

Judiasih,

Nugroho

2023

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This article analyzes aspects of family law in terms of inheritance of extramarital-children, from legality to implementation, and the role of judicial institutions in protecting the inheritance rights of extramarital-children who have the status of legal children after the Constitutional Court Decision No. 46/PUU-VIII/2010, whose existence was rejected by their biological father. An out-of-wedlock child designated as a legal child is entitled to civil rights from his father, ensuring the fulfillment of the rights of extramarital-children is the responsibility of the parents, governments, and the state. The purpose of this article is to raise awareness and optimize the implementation of the protection of the inheritance rights of extramarital-children who have been determined as legal children by the court as parties. This article uses normative research by referencing several inheritance laws and regulations in force in Indonesia and factual facts. Two approaches are used, the statutory and conceptual, to obtain the desired research results. The findings showed that extramarital-children who were not recognized by the biological father did not have the right to inherit with the biological father as well as the father's family because they did not have a sexual relationship. The Constitutional Court decision only provides space for the recognition of extramarital-children, but the issue of inheritance is returned to the inheritance law in force in Indonesia. Because of their weak position, extramarital-children must be given protection to ensure the fulfillment of children's rights through the provision of mandatory wills from fathers who do not recognize them.

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The Division of Inheritance of Adopted Children in the Indigenous People of Kampung Naga Associated With Islamic Law

Cited by 2 publications

References 0 publications

Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java

Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java

Inheritance of Extramarital Children Determined as Legal Children After the Constitutional Court Decision No. 46/PUU-VIII/2010

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