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September 30, 2025Veteran Law Review0 citations

The Urgency of Gender Equality in Indonesian Customary Inheritance Law: Review and Comparison with Other Countries

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FAFARAH NIZRINA AULIADRDominikus RatoDSDyah Ochtorina Susanti

Key Points

  • Indonesia's customary inheritance law reflects gender biases in patrilineal and matrilineal systems.
  • The study analyzes gender equality in inheritance laws across Indonesia and compares them internationally.
  • Normative legal methods highlight the unfair distribution of inheritance based on gender.
  • Comparative analysis suggests that many nations face similar challenges regarding gender equality in inheritance.

Abstract

The kinship system used in Indonesia, especially in customary inheritance law, is considered to have the potential to result in gender inequality because the distribution of inheritance given is considered unfair, especially implemented in the modern era like now. Therefore, the purpose of this study is to analyze the application of inheritance law in Indonesia and examine the views of customary inheritance law on gender equality, as well as a comparison of its application in other countries. The researcher used a normative legal method by conducting a literature review. The results of the study show that Indonesia applies patrilineal, matrilineal, and bilateral systems in the customary inheritance law kinship system. In practice, the patrilineal and matrilineal systems are considered less appropriate in terms of inheritance distribution because they use a system of drawing the father's or mother's lineage or can be said to be based on gender. If we look at the systems used by other countries, it seems that they are also inseparable from systems that end up ignoring gender equality.

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Cite This Study

AULIA et al. (2025) studied this question.

synapsesocial.com/papers/68dc26218a7d58c25ebb2d20https://doi.org/10.35586/velrev.v8i2.10890
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Inheriting Inequity: A Comparative Legal Dissection of Gender Discrimination in Indonesian Inheritance Law2025
  2. 2Gender Equality in Customary Inheritance Law in Indonesian Court Decisions2024
  3. 3Distribution of Inheritance According to Customary Law and Civil Law in Indonesia2024
  4. 4Comparative Analysis of Islamic Family Law and Customary Law in the Settlement of Inheritance Disputes in Indonesia2024 · 8 citations
  5. 5Inheritance Law System: Considering the Pluralism of Customary Law in Indonesia2018 · 24 citations