THE ENIGMA OF NATIONAL LAW IN INDONESIA: THE SUPREME COURT'S DECISIONS ON GENDER-NEUTRAL INHERITANCE

Lukito, Ratno (2013) THE ENIGMA OF NATIONAL LAW IN INDONESIA: THE SUPREME COURT'S DECISIONS ON GENDER-NEUTRAL INHERITANCE. In: Law and society in east asia law. Bunga Rampai, Vol. 1 (No. 1). Ashgate Publishing Limited Wey Court East, England, pp. 147-167. ISBN 9780754628606

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Abstract

It may not be an exaggeration to say that the law of inheritance is one of the most neglected domains in the Indonesian government's campaign for legal nationalization. Such negligence is in keeping with the state's attitude towards nonstate normative orderings, which is itself a product not only of the national legal ideology enshrined in the constitution that favors unification and uniformity, but also with the fact that the state is at a loss as to how to deal with the variety of inheritance traditions existing in the society. The question is thus not simply which law should be used as the main building block of the national inheritance law (whether Islamic, adat or even the Western civil law traditions) but more how to unify the practices currently followed.

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