Reconstruction of Grant Practice in Inheritance Distribution
Middle Ground Between Law and Family Harmony
DOI:
https://doi.org/10.64344/hry.v1i2.36Keywords:
Grants, Inheritance, Substantive Justice, Family Law, Inheritance ConflictAbstract
Grants are one of the legal instruments recognized in Indonesian positive law, Islamic law, and customary law, which has the potential to be an effective mechanism in preventing inheritance conflicts and maintaining family harmony. This research aims to reconstruct the concept and practice of grants in inheritance distribution by combining normative, sociological, and jurisprudential dimensions, in order to produce a model of substantive equitable distribution. With a normative juridical approach and socio-legal analysis, this study outlines the definitions of grants and inheritance, the legal foundations of grants, the debate between equal grants and grants according to inheritance provisions, as well as problems that arise at the practice and judicial levels. The results of the analysis show that grants have flexibility that inheritance does not have, especially because they are not limited in proportion and can be given entirely as long as they are carried out during life with the willingness of both parties. Differences of views on the form of grant justice can be harmonized through a substantive justice approach that considers legal aspects, social needs, and family values. This study recommends an integrated technical guideline that integrates grant provisions within the three legal frameworks, consistency of jurisprudence in religious courts, and increased public awareness to implement grants in a transparent and documented manner. These findings are expected to contribute to the development of family law in Indonesia, as well as a reference for inheritance dispute prevention policies based on local wisdom and the principles of justice.
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