During times of grief, navigating the delicate matter of inheritance can be difficult. Our team is ready to be at your side to ensure that the wishes of the departed are respected and their assets are distributed according to their will. We handle all matters with sensitivity and sound judgment. In Indonesia, inheritance is governed by two separate legal systems—one for Indonesian Muslims and one for non-Muslims—which makes expert legal guidance essential to ensure a fair and lawful distribution.

The legal complexities of inheritance in Indonesia can lead to significant disputes and confusion for grieving families. Common issues our clients face include:

• Determining the Applicable Law: A primary challenge is identifying whether Islamic Inheritance Law or the Civil Code applies to the deceased and their heirs, as this determines how assets will be distributed.

• Heir Disputes: Disagreements among heirs over the interpretation of a will or the distribution of assets are frequent and can escalate into costly legal battles.

• Legal Validity of Wills: Ensuring a will is legally valid and executed correctly under the applicable law is crucial for its enforcement.

• Complex Asset Distribution: The process of distributing various assets, especially property or business shares, requires a clear legal strategy to prevent future claims.

Our counsel is grounded in Indonesia's dual inheritance legal systems:

• For Muslims: Inheritance is governed by the Islamic Law Compilation (Kompilasi Hukum Islam or KHI), which is applied by the Religious Courts. It outlines specific shares for male and female heirs, typically with a 2:1 ratio, and provides rules for mandatory heirs and the distribution of property.

• For Non-Muslims: Inheritance is governed by the Civil Code (Kitab Undang-Undang Hukum Perdata), which is applied by the General Courts. It provides rules for intestate succession (when there is no will) and testate succession (when there is a will), granting a greater degree of testamentary freedom.

• The Law on Land: The distribution of assets, especially land and property, must also comply with the Basic Agrarian Law and its regulations.

We apply our expertise by first conducting a thorough analysis to determine the correct legal framework for your case, whether it falls under the KHI or the Civil Code. Our team then provides meticulous guidance on the preparation and execution of a will, ensuring it is legally valid and enforceable. Should a dispute arise among heirs, we employ a tailored strategy that prioritizes mediation and amicable settlement, leveraging our legal and emotional intelligence to find a peaceful resolution. If litigation becomes necessary, we provide robust representation in the appropriate court—the Religious Court for Muslim clients or the General Court for non-Muslim clients—to ensure the wishes of the departed are respected and a lawful distribution is achieved.

In times of loss, legal uncertainty can add unnecessary burden. Farida Law Office combines a deep understanding of Indonesia's dual inheritance laws with a sensitive and pragmatic approach. We empower you to navigate the complexities of asset distribution with confidence, ensuring a fair, lawful, and peaceful resolution for all involved.