Juridical Review of the Distribution of Inheritance Rights for Children Who Change Religions according to Civil Law and Islamic Law

Abstract

Article 28E paragraph (1) of the 1945 Constitution guarantees the freedom for Indonesian citizens to freely embrace religion according to their beliefs. However, this freedom is obtained, so that it affects the rights that should be obtained, such as inheritance rights. Inheritance rights are part of the rights of abandoned families that have been regulated in article 1051 and are also regulated in various other positive legal instruments. The problem arises if the heir converts. This study aims to explain the distribution of inheritance rights to heirs who change religions according to civil law and Islamic law. Then, this study aims to find out the differences and similarities in the rights of those children who change religion and those children who do not. The research method used is normative juridical based on applicable legislation and existing literature. Based on the place where the data on laws and regulations were obtained, books, pdfs and journals. Researchers have collected data through literature and document studies. This study uses qualitative data analysis is descriptive analytical, socio-legal approach and folk traditions. The research fokus this study heirs who change religion will get inheritance rights or not. Based on the results of the study, the legal status and inheritance rights for children who change religions when referring to the provisions of Article 171 Letter C of the Compilation of Islamic Law, the child no longer has the right to inherit rights, but in judicial practice it turns out that there are differences of opinion, if a child has changed religion, then he is still entitled to inherit, but the term inheritance used is "Mandatory Will" as is regular in western civil law the testator has the freedom to make a will over himself. In addition, there is no prohibition on the granting of heirs through wills to persons of different religions so that heirs who have converted are still entitled to bequeath in view of the provisions of the Legitime Portie and the restrictions stipulated in the Civil Code. Then, the granting of a mandatory will is only allowed as much as a third of the inheritance, concluding that the inheritance rights for children who change religions are different from the inheritance rights for children who do not change religions.