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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial International Journal Ihya' 'Ulum al-Din Risâlah, Jurnal Pendidikan dan Studi Islam Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial DE LEGA LATA: Jurnal Ilmu Hukum Edukasi Islami : Jurnal Pendidikan Islam Journal on Education MADANIA: JURNAL KAJIAN KEISLAMAN Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Pendidikan dan Konseling Alauddin Law Development Journal (ALDEV) JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Jurnal Cahaya Mandalika Al-Istinbath: Jurnal Hukum Islam Astroislamica: Journal of Islamic Astronomy
Dhiauddin Tanjung
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : DE LEGA LATA: Jurnal Ilmu Hukum

 1 
Decision of the Panel of Judges About Mafqud legacy (Study of Normative Juridical Analysis at the Medan City Religious Court) Muhammad Yusuf; hafsah hafsah; Dhiauddin Tanjung
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12481

Abstract

This study aims to determine the method of the panel of judges of the Medan City Religious Court in taking law in mafqud inheritance cases, to find out the results of the decision of the panel of judges of the Medan City Religious Court in the case of mafqud inheritance, and to find out whether the decision of the panel of judges of the Medan City Religious Court in taking law in cases of mafqud inheritance is in accordance with the principles of justice and legal norms. This research method consists of several things: the type of research is empirical-juridical-normative, and the approach (approach) used is the statute approach, namely the decision approach of the Medan City Religious Court. Sources of data consist of observations, interview results, and results of documentation with Medan Religious Court Judges. The results of the research are as follows: The method of the panel of judges at the Medan City Religious Court in taking law in mafqud inheritance cases, which is almost the same as the methodology in other cases submitted to the Medan City Religious Court, is by following the formal legal rules and material law contained in the Code of Procedure Civil Code (KUHPerd.). The results of the decision of the panel of judges at the Medan City Religious Court in the mafqud inheritance case are that in four cases, three requests were granted, namely Determination Number 73/Pdt.P/2011/PA.Mdn., Determination Number 213/Pdt.P/2017/PA.Mdn., and Determination Number 68/Pdt.P/2018/PA.Mdn., while one case cannot be accepted, namely the lawsuit (contentious) in Decision Number 2317/Pdt.G/2017/PA.Mdn. The decision of the panel of judges at the Medan City Religious Court in taking law in the mafqud inheritance case was in accordance with the principles of justice and legal norms; in general, it fulfilled the principles of justice. On the other hand, there were decisions of the assembly that were inconsistent with the principle of equality before the law (equality before the law), as in cases of lawsuits that were not granted by the judge for reasons that were not strong in the author's analysis. The standardization of statements concerning a person's mafqud, including both heirs and heirs. In cases of application (volunteer), it seems that it is very easy to determine who is mafqud, whereas in lawsuits (contentious), the judge is very thorough and very strict in examining someone who is mafqud. Besides that, there is a disregard for the rights of the heirs of the heir's siblings who are mafqud, which is contradictory with the principles of Islamic inheritance law
Co-Authors Abd. Aziz Tambunan Abdul Halim Ahmad Fadhly Roza Ahmad Mafaid Alfiandi Zikra Alvionita Julianti Asmuni Asmuni Hafsah Hafsah Hasan Bakti Nasution Ibnu Radwan Siddik Liantha Adam Nasution Muhammad Yusuf Mulizar Mulizar Nawir Yuslem Pagar Pagar Pagar Pagar Riki Handoko Syafaruddin Syafaruddin Yuliusman KY Zainuddin Puteh Zaldi Zaldi