Position of Non-Marital Children in Inheritance Reviewed From Tengger’s Adat Law
- DOI
- 10.2991/assehr.k.201209.290How to use a DOI?
- Keywords
- Adat Law, Inheritance, Non-Marital Children
- 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.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Wahyu Krisnanto AU - Chris Ayu Berta Uli Sagala AU - Frans Candra Ziliwu PY - 2020 DA - 2020/12/14 TI - Position of Non-Marital Children in Inheritance Reviewed From Tengger’s Adat Law BT - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020) PB - Atlantis Press SP - 235 EP - 241 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201209.290 DO - 10.2991/assehr.k.201209.290 ID - Krisnanto2020 ER -