Dual Citizenship and Inheritance Rights in Indonesia: A Critical Review of Legal Uncertainty Between Private International Law and Islamic Inheritance Principles

Abstract

The fundamental difference in legal systems between the international civil law system and Islamic law may lead to incompatibilities in the enforcement of inheritance rights. International civil law may not fully harmonize with sharia principles regarding the distribution of inheritance, and vice versa. Inter-State Coordination is also required to resolve these issues, often requiring coordination between the legal authorities of the countries involved. This may involve the use of international dispute resolution mechanisms or bilateral agreements. Implementation and Enforcement: Enforcement of inheritance rights decisions can be complicated when different laws are involved, especially if one legal system is not recognized or implemented in another country. Title is the hereditary, strongest and fullest right that people can have to land. However, it is not uncommon for the acquisition of property rights to land to cause problems in the community. One of them is due to the occurrence of mixed marriages which will have an impact on the acquisition of property rights to land due to inheritance in mixed marriages. Legal events that occur due to inheritance that cause the transfer of property rights to land do not require citizenship status, but the provisions of agrarian regulations limiting ownership of property rights to land provide time to transfer inheritance rights to land inherited by parents in mixed marriages. So the identification of the problems discussed in this study are as follows: (a) Legal Uncertainty of Transnational Inheritance for Children with Dual Nationality? (b) Normative Conflict between International Civil Law and Islamic Inheritance Law Principles? (c) Implications and Recommendations for Transnational Inheritance Law Reform in Indonesia? The research method used is an empirical research approach. Empirical method, which is a research that uses an approach to the problem, which is then connected to the legal facts that occur. The results showed that the process of mixed marriage is carried out based on the law of the place where the marriage is carried out. The transfer of property rights to land due to inheritance in a mixed marriage is the same as the transfer of property rights to land due to other inheritance.