Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)

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

Authors
Wahyu Krisnanto, Chris Ayu Berta Uli Sagala, Frans Candra Ziliwu
Corresponding Author
Wahyu Krisnanto
Available Online 14 December 2020.
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/).

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Volume Title
Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
14 December 2020
ISBN
978-94-6239-295-3
ISSN
2352-5398
DOI
10.2991/assehr.k.201209.290How to use a DOI?
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  -