Inheritance legal pluralism and gender justice: a court room study in Indonesia

One of the topics in the legendary legacy of legal pluralism from Keebet Benda-Beckmann was the issue of inheritance law. The study of inheritance is a window into the workings of legal pluralism, where contestation, negotiation among diverse laws takes place, which then gives birth to the new laws. This research reflects Keebet’s theoretical legacy, although her research was on matrilineal societies in West Sumatra, mine on bilateral societies in West Java. This study examines the position of women in inheritance cases through the eyes of judges as seen in court verdicts and empirical data. It illustrates how judges can think progressively and innovate the law through their decisions, but on the other hand they can’t because they are too limited by the black letter of the law. It also demonstrates that legal pluralism involves more than just selecting between Islamic or state inheritance laws and encompasses various methods of conflict resolution. Nevertheless, disputes regarding inheritance justice for women are greatly influenced by economic, social, cultural, and political factors that range from the familial and communal levels to the State.