Proceedings of the International Conference on Communication, Policy and Social Science (InCCluSi 2022)

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The Position of the Daughter Hinders Full Siblings

Authors
Isnina1, *
1Faculty of Law, Universitas Muhammadiyah Sumatera Utara, Medan, Indonesia
*Corresponding author. Email: isnina@umsu.ac.id
Corresponding Author
Isnina
Available Online 15 November 2022.
DOI
10.2991/978-2-494069-07-7_45How to use a DOI?
Keywords
Daughter; Hinder; Full Siblings
Abstract

The Development of Indonesia inheritance law in regard to the position of daughters hinders full siblings to get inheritance becomes a big deal of discussion in this study, by reason of there are different perceptions between fiqh and jurisprudence. Several decisions of the Supreme Court decided the position of daughters can hinder full siblings to have inheritance rights such as Supreme Court Decision Number 86K/AG/1994 dated July 20, 1995, Number 184K/AG/1995 dated 30 September 1996, Supreme Court Decision Number 327K/AG/1994 dated February 26, 1998. This study aims to analyze the position of the daughter as barrier to full siblings not being able to inherit the property of the heirs. Some questions arise, do those decisions give justice and what is the main legal perspective making those decisions? The method used in this study is juridical normative with library research. The object of this study is the position of the daughter capacity to hinder full sibling to get the inheritance.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Communication, Policy and Social Science (InCCluSi 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
15 November 2022
ISBN
10.2991/978-2-494069-07-7_45
ISSN
2352-5398
DOI
10.2991/978-2-494069-07-7_45How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Isnina
PY  - 2022
DA  - 2022/11/15
TI  - The Position of the Daughter Hinders Full Siblings
BT  - Proceedings of the International Conference on Communication, Policy and Social Science (InCCluSi 2022)
PB  - Atlantis Press
SP  - 404
EP  - 411
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-07-7_45
DO  - 10.2991/978-2-494069-07-7_45
ID  - 2022
ER  -