Reformasi Hukum Trisakti
Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti

- ASPEK HUKUM PEMBAGIAN WARIS ALM. SAMIR MENURUT HUKUM WARIS ISLAM INDONESIA

Ni Made Ananda Puteri Maharani (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Khairani Bakri (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
01 Apr 2023

Abstract

The transfer of property from the right of the heir to the heir is known as inheritance. When inheritance is divided, it causes issues in society. Problem statement: Whether or not Ruling No. 519/Pdt. G/2019/PA.TR complies with Indonesian Islamic Inheritance Law with regard to the legal features of Alm. Samir bin Haji Sain's inheritance distribution under Indonesian Islamic Law. The research method used normative research to examine the fundamentals of Islamic inheritance law. Descriptive research methodology is used. Secondary data sources are consulted in this study. The findings of this investigation and discussion relate to legal facets of inheritance distribution for the deceased. Samir Bin Haji Sain includes the following in accordance with Indonesian Islamic Inheritance Law: Samir Bin Haji Sain includes the share of siblings, more than one wife and the obligatory will and the suitability of Decision Number 519/Pdt. G/2019/PA.TR with Indonesian Islamic Inheritance Law, including determining siblings to inherit, determining the share of 2 wives and children out of wedlock. The conclusion of this article: the legal aspects involved in this case: the part of the brother, the obligatory will, the share of more than one wife. Decision no 519/Pdt. G/2019/PA.TR judges are not in accordance with Indonesian Islamic inheritance law, which originates from the Al-Qur'an, Hadith and Presidential Instruction (Inpres) Number 1 of 1991 concerning Compilation of Islamic Law.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...