The Urgency of Gender Equality in Indonesian Customary Inheritance Law: Review and Comparison with Other Countries

The kinship system used in Indonesia, especially in customary inheritance law, is considered to have the potential to result in gender inequality because the distribution of inheritance given is considered unfair, especially implemented in the modern era like now. Therefore, the purpose of this study is to analyze the application of inheritance law in Indonesia and examine the views of customary inheritance law on gender equality, as well as a comparison of its application in other countries. The researcher used a normative legal method by conducting a literature review. The results of the study show that Indonesia applies patrilineal, matrilineal, and bilateral systems in the customary inheritance law kinship system. In practice, the patrilineal and matrilineal systems are considered less appropriate in terms of inheritance distribution because they use a system of drawing the father's or mother's lineage or can be said to be based on gender. If we look at the systems used by other countries, it seems that they are also inseparable from systems that end up ignoring gender equality.

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Publication Details

Journal
Veteran Law Review
Published
2025-09-28
DOI
https://doi.org/10.35586/velrev.v8i2.10890
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

The Urgency of Gender Equality in Indonesian Customary Inheritance Law: Review and Comparison with Other Countries

Dyah Ochtorina Susanti, Dominikus Rato, FARAH NIZRINA AULIA
Veteran Law Review
Indonesian Legal and Regulatory Studies
article

The Urgency of Gender Equality in Indonesian Customary Inheritance Law: Review and Comparison with Other Countries

Dyah Ochtorina Susanti, Dominikus Rato, FARAH NIZRINA AULIA
article en

Abstract

The kinship system used in Indonesia, especially in customary inheritance law, is considered to have the potential to result in gender inequality because the distribution of inheritance given is considered unfair, especially implemented in the modern era like now. Therefore, the purpose of this study is to analyze the application of inheritance law in Indonesia and examine the views of customary inheritance law on gender equality, as well as a comparison of its application in other countries. The researcher used a normative legal method by conducting a literature review. The results of the study show that Indonesia applies patrilineal, matrilineal, and bilateral systems in the customary inheritance law kinship system. In practice, the patrilineal and matrilineal systems are considered less appropriate in terms of inheritance distribution because they use a system of drawing the father's or mother's lineage or can be said to be based on gender. If we look at the systems used by other countries, it seems that they are also inseparable from systems that end up ignoring gender equality.

Veteran Law ReviewVol. 8(1)
Universitas Jember (ID)
Openalex Percentile: Top 69%
Indonesian Legal and Regulatory Studies
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The Urgency of Gender Equality in Indonesian Customary Inheritance Law: Review and Comparison with Other Countries — Dyah Ochtorina Susanti, Dominikus Rato, et al. · Veteran Law Review (2025) | TGRS Research Map | TGRS