Justice in the Distribution of Inheritance Rights for Indigenous Peoples

Pieter Radjawane(1email), Wahdaniah Badaruddin(2)


(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(2) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
email Corresponding Author
CrossMark

Abstract


Introduction: Based on the law, inheritance is given to people who are related by marriage and blood relations, in customary law communities specifically in the western part of Seram, inheritance is given to adopted or returned children, known as dunale, and the children who come home get two parts, namely the part from the biological parents and the part from the adoptive parents. This causes problems in families who feel unfair in obtaining inheritance rights for certain children.

Purposes of the Research: To analyze how an adopted child acquires an inheritance in order to provide justice for other children.

Methods of the Research: The method used in this research is the empirical research method. This research was carried out using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the solution to the problem of Justice in the Distribution of Inheritance Rights for Adopted Children in Indigenous Communities in West Seram in the Abio Community, West Seram Regency.

Findings of the Research: A home child or dunale is a child who is taken home as a legitimate child of the parents, even though the parents already have children or not, they will take home their grandchildren to be their children, whether from daughters or sons, and these children will receive inheritance rights from the parents who adopted them. Meanwhile, the child's family of origin no longer gets inheritance rights to maintain injustice in obtaining inheritance rights for other heirs from their original parents.


Keywords


Justice; Distribution of Inheritance Rights; Foster Child; Indigenous


DOI


10.47268/tatohi.v5i7.3429

Published


2025-09-30

How To Cite


APA: Radjawane, P., & Badaruddin, W. (2025). Justice in the Distribution of Inheritance Rights for Indigenous Peoples. TATOHI: Jurnal Ilmu Hukum, 5(7), 361-369. DOI: https://doi.org/10.47268/tatohi.v5i7.3429.
IEEE: P. Radjawane, and W. Badaruddin, "Justice in the Distribution of Inheritance Rights for Indigenous Peoples", TATOHI J. Ilmu Huk., vol. 5, no. 7, pp. 361-369, Sep. 2025. Accessed on: Oct. 9, 2025. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v5i7.3429
Harvard: Radjawane, P., and Badaruddin, W., (2025). "Justice in the Distribution of Inheritance Rights for Indigenous Peoples". TATOHI: Jurnal Ilmu Hukum, Volume 5(7), pp. 361-369. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v5i7.3429 (Accessed on: 9 October 2025)
Chicago: Radjawane, Pieter, and Wahdaniah Badaruddin. "Justice in the Distribution of Inheritance Rights for Indigenous Peoples." TATOHI: Jurnal Ilmu Hukum 5, no. 7 (October 7, 2025): 361-369. Accessed October 9, 2025. doi:10.47268/tatohi.v5i7.3429
Vancouver: Radjawane P, Badaruddin W. Justice in the Distribution of Inheritance Rights for Indigenous Peoples. TATOHI J. Ilmu Huk. [Internet]. 2025 Sep 30 [cited 2025 Oct 9];5(7):361-369. Available from: https://doi.org/10.47268/tatohi.v5i7.3429
MLA 8th: Radjawane, Pieter, and Wahdaniah Badaruddin. "Justice in the Distribution of Inheritance Rights for Indigenous Peoples." TATOHI: Jurnal Ilmu Hukum, vol. 5, no. 7, 7 Oct. 2025, pp. 361-369, doi:10.47268/tatohi.v5i7.3429. Accessed 9 Oct. 2025.
BibTeX:
@article{TATOHI3429,
		author = {Pieter Radjawane and Wahdaniah Badaruddin},
		title = {Justice in the Distribution of Inheritance Rights for Indigenous Peoples},
		journal = {TATOHI: Jurnal Ilmu Hukum},
		volume = {5},
		number = {7},
		year = {2025},
		keywords = {Justice; Distribution of Inheritance Rights; Foster Child; Indigenous},
		abstract = {Introduction: Based on the law, inheritance is given to people who are related by marriage and blood relations, in customary law communities specifically in the western part of Seram, inheritance is given to adopted or returned children, known as dunale, and the children who come home get two parts, namely the part from the biological parents and the part from the adoptive parents. This causes problems in families who feel unfair in obtaining inheritance rights for certain children.Purposes of the Research: To analyze how an adopted child acquires an inheritance in order to provide justice for other children.Methods of the Research: The method used in this research is the empirical research method. This research was carried out using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the solution to the problem of Justice in the Distribution of Inheritance Rights for Adopted Children in Indigenous Communities in West Seram in the Abio Community, West Seram Regency.Findings of the Research: A home child or dunale is a child who is taken home as a legitimate child of the parents, even though the parents already have children or not, they will take home their grandchildren to be their children, whether from daughters or sons, and these children will receive inheritance rights from the parents who adopted them. Meanwhile, the child's family of origin no longer gets inheritance rights to maintain injustice in obtaining inheritance rights for other heirs from their original parents.},
				issn = {2775-619X},		pages = {361--369}			doi = {10.47268/tatohi.v5i7.3429},
				url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3429}
		}
		
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Dublin Core PKP Metadata Items Metadata for this Document
 
1. Title Title of document Justice in the Distribution of Inheritance Rights for Indigenous Peoples
 
2. Creator Author's name, affiliation, country Pieter Radjawane; Faculty of Law, Universitas Pattimura, Ambon; Indonesia
 
2. Creator Author's name, affiliation, country Wahdaniah Badaruddin; Faculty of Law, Universitas Pattimura, Ambon; Indonesia
 
3. Subject Discipline(s)
 
3. Subject Keyword(s) Justice; Distribution of Inheritance Rights; Foster Child; Indigenous
 
4. Description Abstract Introduction: Based on the law, inheritance is given to people who are related by marriage and blood relations, in customary law communities specifically in the western part of Seram, inheritance is given to adopted or returned children, known as dunale, and the children who come home get two parts, namely the part from the biological parents and the part from the adoptive parents. This causes problems in families who feel unfair in obtaining inheritance rights for certain children.Purposes of the Research: To analyze how an adopted child acquires an inheritance in order to provide justice for other children.Methods of the Research: The method used in this research is the empirical research method. This research was carried out using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the solution to the problem of Justice in the Distribution of Inheritance Rights for Adopted Children in Indigenous Communities in West Seram in the Abio Community, West Seram Regency.Findings of the Research: A home child or dunale is a child who is taken home as a legitimate child of the parents, even though the parents already have children or not, they will take home their grandchildren to be their children, whether from daughters or sons, and these children will receive inheritance rights from the parents who adopted them. Meanwhile, the child's family of origin no longer gets inheritance rights to maintain injustice in obtaining inheritance rights for other heirs from their original parents.
 
5. Publisher Organizing agency, location Faculty of Law, Universitas Pattimura
 
6. Contributor Sponsor(s)
 
7. Date (YYYY-MM-DD) 2025-09-30
 
8. Type Status & genre Peer-reviewed Article
 
8. Type Type
 
9. Format File format PDF
 
10. Identifier Uniform Resource Identifier https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3429
 
10. Identifier Digital Object Identifier 10.47268/tatohi.v5i7.3429
 
11. Source Title; vol., no. (year) TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 7, September 2025
 
12. Language English=en en
 
13. Relation Supp. Files
 
14. Coverage Geo-spatial location, chronological period, research sample (gender, age, etc.)
 
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