I. Inheritance Under Customary Law

Inheritance under Indonesian customary law (hukum adat) may differ depending on the customary system followed by the family.

Patrilineal Customary System

Under a patrilineal customary system, inheritance rights are generally passed through the male line of the family. In certain customary communities, sons may therefore be regarded as the primary heirs. The eldest son may also receive a larger share depending on the applicable customary rules.

Matrilineal Customary System
A matrilineal customary system follows a different approach, with inheritance rights generally passing through the female line. Under this system, daughters may have a primary role in inheriting and managing family property, depending on the customary law applicable to the family.

2. Inheritance Under Islamic Law

Inheritance under Islamic law is governed by the principles of Faraidh, which regulate the distribution of an estate among eligible heirs.

The distribution of inheritance under Islamic law is based on the provisions of the Qur'an and applicable Indonesian legislation, including Law No. 3 of 2006 concerning Amendments to Law No. 7 of 1989 concerning Religious Courts.

The distribution of an estate under Islamic law is subject to specific rules concerning the respective shares of eligible heirs.

a. Inheritance for Daughters
Both male and female children may have inheritance rights under Islamic inheritance law. The respective shares depend on the composition of the surviving heirs and the circumstances of the deceased's family.

b. Inheritance for a Wife or Widow
A surviving wife may be entitled to a share of her deceased husband's estate. The amount of her share depends, among other things, on whether the deceased left children. Where there are no children, the wife may generally be entitled to one-quarter of the estate. Where the deceased left children, the wife's share may generally be one-eighth of the estate.

c. Inheritance for the Father
The father of the deceased may also be an eligible heir under Islamic inheritance law. His share depends on the existence of other eligible heirs, particularly the deceased's descendants. In certain circumstances, the father's share may be one-third of the estate, while where the deceased has descendants, his share may be reduced to one-sixth.

d. Inheritance for the Mother
The mother of the deceased may also be entitled to a share of the estate. Her share depends on the existence of descendants and other surviving heirs. Under certain circumstances, the mother may receive one-third of the estate, while in cases where the deceased has children, her share may be reduced to one-sixth. The precise calculation of the mother's share may also depend on the other surviving heirs and the applicable provisions of Islamic inheritance law.

e. Inheritance for Sons
Under Islamic inheritance principles, sons and daughters may receive different shares. In circumstances where both sons and daughters inherit together, a son's share may be twice that of a daughter's share. Where the deceased leaves only one son, the son's entitlement may be determined together with the rights of other eligible heirs under the applicable inheritance rules.

The precise distribution must therefore be calculated based on the complete family and inheritance structure.

3. Inheritance Under Civil Law

Inheritance may also be governed by the provisions of Indonesian civil law, particularly the Indonesian Civil Code (Burgerlijk Wetboek / Staatsblad 1847 No. 23).

a. Inheritance Among Immediate Family Members
Immediate family members, including the surviving husband or wife and children of the deceased, may have inheritance rights under civil law. The respective shares are determined according to the applicable provisions of the Indonesian Civil Code and the circumstances of the estate. A surviving spouse may be entitled to a portion of the estate, while the deceased's children may also have inheritance rights.

b. Inheritance Among Blood Relatives
• In addition to the immediate family, certain blood relatives of the deceased may also have inheritance rights.
These may include : Father, Mother, Siblings
• The entitlement of each blood relative depends on the applicable provisions of civil inheritance law and the existence of other eligible heirs.

Our Role in Inheritance Matters :
Inheritance disputes can arise when family members disagree about the ownership, distribution, or entitlement to an estate. Our lawyers can assist clients in protecting and pursuing their legal rights in inheritance matters. Our services include:

1. Legal Advocacy
Our lawyers assist clients in protecting and pursuing their inheritance rights, regardless of whether the claimant is male or female.

2. Legal Representation
We provide legal assistance and representation to clients seeking to obtain their lawful share of an inheritance.

3. Legal Research
Our legal team conducts research into relevant legislation and legal materials, including the Indonesian Civil Code (Burgerlijk Wetboek) and legislation concerning the Religious Courts.

4. Legal Strategy and Claim Preparation
We assist in preparing legal claims and determining the appropriate legal strategy based on the applicable legal framework, including:

• The Indonesian Civil Code (Burgerlijk Wetboek / Staatsblad 1847 No. 23)

• Law No. 3 of 2006 concerning Amendments to Law No. 7 of 1989 concerning Religious Courts
  

5. Legal Advice
We provide legal advice concerning inheritance rights and the distribution of an estate in accordance with the applicable laws and regulations.

6. Protection of Legal Rights
Our lawyers assist clients in ensuring that their inheritance rights are properly protected under the applicable provisions of:

• The Indonesian Civil Code (Burgerlijk Wetboek / Staatsblad 1847 No. 23)

• Law No. 3 of 2006 concerning Amendments to Law No. 7 of 1989 concerning Religious Courts

Legal Basis

The principal legal references for inheritance matters include :

• Indonesian Civil Code (Burgerlijk Wetboek / Staatsblad 1847 No. 23)
• Law No. 3 of 2006 concerning Amendments to Law No. 7 of 1989 concerning Religious Courts