Inheritance law in Indonesia has not yet been comprehensively codified or unified, meaning that an integrated national inheritance law has not yet been realized. At present, there are still three inheritance law systems that apply nationally, namely the Western Inheritance Law System (the Indonesian Civil Code/KUHPerdata), Islamic Inheritance Law, and Customary Inheritance Law. Legal pluralism in the field of inheritance law in Indonesia continues to exist, while the codification and unification of national inheritance law remain aspirations yet to be achieved.
“Meanwhile, in practice, inheritance among Muslim communities cannot avoid the interaction between the values of Customary inheritance law and Islamic inheritance law,” stated Agus Sudaryanto, S.H., M.Si., at Room III.1.1 of the Faculty of Law UGM on Thursday (21/4).
The lecturer at the Faculty of Law of Universitas Gadjah Mada made the statement during his open examination for the Doctoral Program in Legal Studies at UGM. Accompanied by his promoters, Prof. Dr. Abdul Ghofur Anshori, S.H., M.H., and Prof. Dr. Sudjito, S.H., M.Si., the promovendus defended his dissertation entitled “The Integration of Customary Inheritance Law and Islamic Inheritance Law in Inheritance Practices in the City of Yogyakarta.”
The dissertation research was conducted in the City of Yogyakarta, covering three areas: Danurejan, Kraton, and Kauman. The rationale behind selecting these areas was that the Yogyakarta Palace still significantly influences communities within its surrounding sphere. In addition, the City of Yogyakarta serves as the capital and administrative center of the Special Region of Yogyakarta Province, making it highly relevant for observing social dynamics within the city. Furthermore, Islam is the majority religion practiced by the people of Yogyakarta.
In the conclusion of his dissertation, Agus Sudaryanto, S.H., M.Si., explained that several aspects of Customary inheritance law and Islamic inheritance law that can be integrated in the City of Yogyakarta include the causes of inheritance and heirs, the timing of inheritance distribution, methods of inheritance distribution, the proportion of inheritance shares, and the rationale behind inheritance distribution.
Nearly all examiners expressed appreciation for the Bantul-born scholar because his research was considered highly courageous, given that academics continue to debate whether the legal system in Yogyakarta can properly be categorized as a customary legal system. At the conclusion of the open examination, which lasted approximately one hour, the Board of Examiners chaired by the Dean of FH UGM, Prof. M. Hawin, S.H., LL.M., Ph.D., conferred upon Agus Sudaryanto, S.H., M.Si., the doctoral degree with the distinction of “highly satisfactory” in recognition of his academic achievements and research throughout his doctoral studies at the Faculty of Law UGM. (Sekar)
