Gender Equality in Customary Inheritance Law in Indonesian Court Decisions

Abstract

The discussion of women's inheritance cannot be separated from the position of women in customary inheritance law. Because the position of women in customary inheritance law is one part of customary inheritance law as a whole. Customary inheritance law is essentially the law of transmitting wealth from one generation to the next or to descendants. The application of the concept of gender equality in customary inheritance law in Indonesia has not caused legal issues so far. This is because the differences in the inheritance rights passed down from ancestors are perceived to be just by the community. Based on the research results from Supreme Court decisions and other decisions at the first and second instance courts, especially since Supreme Court Decision No.179/K/Sip/1961, it has become an instrument for reforming customary inheritance law. The reform of customary inheritance law is effective when inheritance disputes occur in the court system. Supreme Court Decision No.179/K/Sip/1961, contextually applied in inheritance disputes among the Karo community, later became a reference in inheritance disputes among the Batak Toba and Rote communities. Although Supreme Court decisions since 1961 have been followed by subsequent decisions, inheritance based on customary inheritance law is still commonly used, even in urban areas.