Position Adat Law in Indonesian Legal System

Adat law is one of components of legal system in Indonesia. It’s mirror of traits, culture, and values of Indonesians.

Adat Law is one of component of Legal System in Indonesia, beside Western Law and Islamic Law. Adat Law is very important, because it’s original law of Indonesia.

Adat law, or it’s often only mentioned as Adat, is unwritten law. The source of Adat Law is habits and customs that done continuously and obeyed as law by Indonesians. Because Adat is unwritten, grow, developed and maintained in social life, so can adjust to changing times and elastic.

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Breaking Egg in Javanese Marriage and its Values

Javanese marriage is marriage that fulfilled by ceremonies. Ingredients that used in the ceremonies are to much and sometimes unique. Even chicken egg is used in a ceremony.

One of unique marriage ceremonies of Javanese tribe is connected to egg is ‘ngidak endog’ (breaking egg) that continued by ‘wijik’ (cleaning). In the ceremony, the bridegroom must break a chicken egg by his feet. Then the bride cleans the bridegroom’s feet that dirty by flower water.

Those ceremonies contain traditional values. Contain good hopes. Breaking the egg symbolizes that the couple’s aura has faded sexually. Bride cleans bridegroom’s feet symbolizes wife’s submission to husband. It also symbolizes that good behavior will effect good result too. It’s a hope that from the marriage will be borne good children that will dedicate their selves to parent, family and country.

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(Image from Google)

Sungkeman, A Form of Respect for Older

Sungkeman is unique tradition in Yogyakarta and Center Java, Indonesia. Sungkeman is from word sungkem, activity to ask blessing by kneel down and kiss someone’s hand. It’s part of Java culture. It usually committed in marriage ritual and in Idul Fitri (Ied, Ied-ul Fitr). It’s a touching moment.

As a ritual in marriage program, the bride and bride-room commit sungkeman to their parent. They purpose to ask praying and blessing of the parent. Whereas sungkeman in Idul Fitri is done not only to parent, but to the other that older. The other that older, like older brother/sister, grandfather/grandmother, uncle/aunt, even neighbor that close.
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Mudik, Gathering Time with Family

Every country, every region, always has culture or tradition itself. Indonesia does too. Connected to holiday Indonesia has unique tradition that no place (I think) has it. The tradition called mudik.

Mudik is activity of migrant workers to back home to their birthplace. It usually is done in holiday, like Idul Fitri (Ied, Ied-ul fitr, Lebaran) or Christmas. The biggest mudik always happens in Idul Fitri every year. Exactly a week before until a week after Idul Fitri. It can be understood because Indonesia is a country with the biggest Muslim population in the world.

After work for months in a big city or other district or other island or abroad, after fasting a month, an Indonesian will commit mudik to gather with parent, big family and old friends. It’s a special moment, special day.

Read more: http://trifter.com/asia-pacific/indonesia/mudik-gathering-time-with-family/#ixzz1W60rqIgm

Mudik, Gathering Time with Family | Trifter

Cause of Inheritance

There are some reasons why inheritance happen. In Islamic Law, inheritance happen one of things below:

1. Nasab (blood relation), like: Child, grandchild, father, mother, brother/sister from same mother/father
2. Marriage connection: husband and wife, include if never has mixed or has divorced but still in period of iddah talak raj’i
3. Walak connection is connection between ex-slave and someone free him/her. If the ex-slave has no heir so someone free him/her has right to inherit. But now, walak/wala connection cannot be used because slavery is erased.
4. Jihatul Islam (Islam destination): baitul mal (treasury of state). If deceased leave no heir, so inheritance will fall to baitul mal. Baitul mal is treasury of state that accommodates public wealth to use to need of society. Baitul mal receive wealth from sources like tax, zakat, booty of war, lost wealth that the owner is unknown or inheritance with no heir. Ulama syafi’iyah entered baitul mal as one of reasons of inheritance.

Debt of Deceased

When one dead, sometimes he/she leave wealth and debt. In this case, although the deceased has heir, but creditor’s right is more principal than heir’s right. Mean, inheritance can not be given to heir before the debt is paid. So the heir only can receive remains of inheritance after reduced paid debt.

Fiqih Islam divides deceased debt into:

1. debt to God, like: zakat, haji,nadzar
2. debt to other human:

· debt that no relation with inheritance: mahar debt, money debt without pawn

· debt that has relation with inheritance: pawn debt.

If one dead and leave debt to God, is the debt become fall?

1. According to Madzab Hanafi: If no testament (wasiat) to fulfil debt to Allah, so the debt is assumed fall by his/her dead. Reason: debts to Allah is worship that to execute it needed executive’s intention.
2. According to other madzab (Maliki, Syafi’I, Hambali, Dhahiri): debt to Allah is not become fall by one’s dead, because the debt is obligation that related to property that the executive does not need intention to do it.

About opinion that debt to Allah must be paid, so which must be paid first, debt to Allah or debt to other human? There are differences of opinion among ulamas.

1. Ulama Syafi’iyah and Dhahiriyah: debt to Allah must be paid first. Reason: hadist Nabi thought that Allah’s rights are more principal to fulfil.
2. Ulama Malikiyah: debt to human is more principal, because human needs to receive the payment.
3. Ulama Hambaliyah: debt related with inheritance are more principal than debt to Allah, and debt that has no relation with inheritance are assumed as same with debt to Allah.

Rights Connected to Inheritance

If one dead, he/she usually leaves some properties (inheritance) to his/her family. The properties (inheritance) then become his/her family’s right as heir. And if the heir is consist of more than one person, so it must be shared.

Can the inheritance shared directly? No. Before it split, the heirs must consider rights that connected to inheritance. The right connected to inheritance is obligation of the heirs. May be deceased has had unpaid debt when he/she lived. Or may be the deceased leaved testament connected his/her property.

Before divide the inheritance, the heirs obligate to use the property for:

1. pay care of deceased’s corpse, from bathing until funeral

Corpse management since bathing until funeral can use wealth of inheritance, as long as not over, and it’s not contravene with Islamic value.

As a traditional-religious society, every aspect of life in Indonesia never can be separated from tradition (adat), including death. There are ceremonies concerning death.

Like in Yogyakarta. There is Tahlilan, is ceremony that some people pray together for the deceased.They read tahlil, surah Yasin and pray in order Allah forgive and bless the deceased. The family that leaved, usually perform tahlilan in 3 days or 7 days in a row. Then perform it in 40^th, 100^th, and 1000^th days after day of death. After the the praying end, the family give some drink and food to the people. And when the people go home they bring berkat. Berkat is a gift, usually meal, as an appreciate from the deceased’s family to the people that pray for deceased.

Of course the ceremony, including drink and food, that presented before and after funeral, are not tought in Islam. So if the ceremonies done as tradition, the cost can not be burdened to inheritance. Inheritance only can be taken for caring corpse.

2. pay deceased’s debt

After taken for carrying corpse, inheritance can be taken for pay deceased’s debt. If the amount of the debt is bigger, so the the paying is sufficed by inheritance. If the creditor more than 1, so each creditor only paid according to comparison of amount of debts. Example, Mr. X dead and leave debts to Mr. A Rp. 2000, to Mr. B Rp 5000, to Mr. C Rp. 3000. So total debts is Rp. 10,000. Remains of inheritance after taken for caring corpse is Rp 9000. It’s not enough to pay all creditors. So all creditors are paid by comparison 2:5:3. So Mr A get Rp. 1800, Mr. B get Rp. 4500, and Mr. C get Rp. 2700.

The heir have no obligationto cover remainder of debts from their own wealth. But if the heir want to cover it, that is better. That’s assumed as kindlines of heir, not legal obligation…. But, the heir or the family should pay the debt, because if the deceased still has debt she/he will defended in akherat. She/he cannot enjoy result of her/his ibadat/amal (kindliness) before the debt is paid or the creditor sincere it.

3. Doing testament (wasiat)

Testament is last one’s desire relation with property that she/he leave. The last one’s desire must principal than heir’s right.

Wasiat is limited maximum 1/3 of inheritance (after taken for paid caring corpse and debts). Wasiat must be done without anyone’s permission.

How if amount of wasiat more than 1/3 of inheritance?

• According to Jumhur Ulama (most ulama): wasiat more than 1/3of inheritance is legal, but implementation of surplus of 1/3 depends on permission of all heirs. If all heirs permit it, surplus 1/3 can be done. But if a part of the heirs permit it and the others not permit, so wasiat only done that agreed.
• According to Ulama Dhahiriyah: wasiat more than 1/3 is null, although all heirs permit it. Reason: Hadist Nabi stipulated that wasiat by 1/3 of property is much.

What about wasiat for heir?

• According to Jumhur Ulama: wasiat for heir is legal but the implementation depends on the other heir. It’s like wasiat more than 1/3.
• According to Ulama Dhahiriah: Wasiat for heir is null, because Hadist Nabi teach that no testament for heir.
• According Ulama Syi’ah Imamiah: wasiat for heir is legal and can be implementated without permission.

Please Help Japan....

Yesterday, I opened my email after I ignored it for 3 months. I found a message from a friend. She is a Japanese. Her name is Yoshimi.

In her email. Yoshimi told about effects of earthquake and tsunami that hit Japan. She secure because she is live in Bangkok, Thailand. So do her parent that live in south-west of Japan. But she is worrying about her friends that still insecure.

As we know, because of earthquake and tsunami in Japan March ago, people of Japan get difficulties. The civilization 100 years old has destroyed. Thousands people died. Thousands lost. And the others facing effect of nuclear radiation now.

"I have never felt so insecure about Japan before in my life," she wrote.

People of Japan need help. So, we can help them via The Nippon Foundation. The donation will be very useful. Save 1 life, means save all lifes.