INHERITANCE RIGHTS OF MUSLIM CHILDREN FROM NON-MUSLIM FATHERS PERSPECTIVE OF THE CIVIL CODE AND KHI: A COMPARATIVE ANALYSIS OF THE LAW

This study aims to analyze the distribution of inheritance for Muslim children from non-Muslim fathers from the perspective of the Civil Code (KUH Perdata) and the Compilation of Islamic Law (KHI) as well as the views of related legal experts. The method used is normative legal research, with a comparative legal approach to the two legal systems. The results of the study indicate that the KHI does not explicitly regulate inheritance provisions for heirs of different religions. However, Article 209 of the KHI regulates the inheritance rights of adopted children through the mandatory will mechanism with a maximum limit of one third of the inheritance, which then becomes the basis for the Supreme Court in determining inheritance rights for individuals with certain kinship relationships. Meanwhile, in the Civil Code, inheritance rights are not limited by religious differences, as regulated in Article 838 of the Civil Code, which only excludes individuals who commit certain legal acts, such as murder of the testator or falsification of inheritance documents. Thus, there are fundamental differences between the two legal systems in regulating inheritance rights for Muslim children from non-Muslim fathers, which have implications for legal protection for heirs in the Indonesian legal system.