Consequences of the Law on the Right of Child Care and Inheritance in the Divorce of Parents due to Religious Differences

Abstract

Interfaith divorce in Indonesia raises various legal issues, particularly regarding child custody and inheritance rights, due to differences in legal arrangements among statutory law, Islamic law, and judicial practice. This study aims to analyze the legal consequences of divorce caused by religious differences concerning child custody and inheritance rights within the Indonesian legal system. The research employs a normative juridical method using a statutory, conceptual, and case approach. Primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019, the Compilation of Islamic Law, the Civil Code, and relevant court decisions, while secondary legal materials include books, scientific journals, and legal doctrines. The findings indicate that the determination of child custody is primarily based on the principle of the best interests of the child, regardless of the parents' religious differences. In contrast, inheritance rights in interfaith families remain legally contentious because Indonesian law recognizes different inheritance systems, resulting in legal uncertainty. Judicial decisions have demonstrated progressive legal reasoning through the recognition of mandatory wills (wasiat wajibah) in certain cases to ensure justice and legal protection. This study concludes that harmonization of regulations and consistency in judicial interpretation are necessary to provide legal certainty, justice, and protection for children and heirs in interfaith divorce cases in Indonesia. The findings contribute to the development of family law and may serve as a reference for future legal reform.