Analysis on Non Muslim Heir Position Towards the Inheritance of Muslim Testator in Indonesia

Article 171 section c the Compilation of Islamic Law which was ratified through the Presidential Instruction of the Republic of Indonesia Number 1 of 1991 stressed that one of the conditions for heirs in Islamic inheritance law is Mulsim. In its development, the requirement of the Islamic religious obligation is deemed not to provide justice, this can be seen from the many complaints filed by the community to the court. Based on this background, the formulation of the problem in this study is Firstly position of Non-Muslim Inheritance of Islamic Inheritance Inheritance according to positive law in Indonesia Secondly, to find out the position of Non-Muslim Inheritance Against Islamic Inheritance Inheritance from various court decisions in Indonesia. This research is a juridical research, with a statutory, conceptual, and case approach. The results of this study indicate, that First, according to positive law in Indonesia, Non-Muslim Heirs are not entitled to Islamic Inheritance. Secondly, in its development, to fulfill the sense of justice in the community, the judge in Indonesia, decided that the Non-Muslim heirs, although not entitled to become heirs, were still entitled to the inheritance of the Islamic heirs through the obligatory wills. This can be seen from the various court decisions that exist, such as Supreme Court Decision Number 368 K/AG/1995, Supreme Court Decision Number 51 K/AG/1999, Supreme Court Decision Number 16 K/AG/2010, and Supreme Court Decision No. 331 K/Ag/2018

Download Full-text

Analisis Pemberian Wasiat Wajibah terhadap Ahli Waris Beda Agama Pasca Putusan Mahkamah Agung Nomor 331 K/Ag/2018

Jurnal Suara Hukum ◽

10.26740/jsh.v1n2.p172-185 ◽

2019 ◽

Vol 1 (2) ◽

pp. 172

Author(s):

Alip Pamungkas Raharjo ◽

Elok Fauzia Dwi Putri

Keyword(s):

Supreme Court ◽

Research Method ◽

Islamic Law ◽

Supreme Court Decision ◽

Court Decision ◽

Conceptual Approach ◽

The Supreme Court ◽

Before And After ◽

The Republic ◽

A Share

In Article 171 letter (c) Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning Compilation of Islamic Law affirms that the rights of non muslim heirs to the inheritance of Islamic heirs do not obtain inheritance from the inheritor's inheritance. However, in its development because it felt unfair, the Supreme Court through The Supreme Court Decision Number 368.K / AG / 1995 provided a way for joint cooperation of different inheritance through a wasiat wajibah. But in its development, this provision was changed again by a landmark decision from the Supreme Court, namely through the Decision of the Supreme Court Number 331 K / AG / 2018 because there was a change in the value of justice in the community. The research method used normative research with constitutional approach, conceptual approach and case approach. This study aims to explain the rights of non muslim heirs to the inheritance of Islamic heirs before and after the Decision of the Supreme Court Number 331 K / AG / 2018. The results showed that prior to the Supreme Court Decision Number 331 K / AG / 2018, heirs of non muslim religions were given a share of inheritance in the form of a wasiat wajibah for ¾ of the inheritance inheritance. Post the Decision of the Supreme Court Number 331 K / AG / 2018, the amount of wasiat wajibah will change to ¼ from the inheritor's inheritance.

Download Full-text

Analisis Pemberian Wasiat Wajibah terhadap Ahli Waris Beda Agama Pasca Putusan Mahkamah Agung Nomor 331 K/Ag/2018

Jurnal Suara Hukum ◽

10.26740/1.jsh.2019.1.2.4865 ◽

2019 ◽

Vol 1 (2) ◽

pp. 172

Author(s):

Alip Pamungkas Raharjo ◽

Elok Fauzia Dwi Putri

Keyword(s):

Supreme Court ◽

Research Method ◽

Islamic Law ◽

Supreme Court Decision ◽

Court Decision ◽

Conceptual Approach ◽

The Supreme Court ◽

Before And After ◽

The Republic ◽

A Share

Download Full-text

PEMBERIAN WASIAT WAJIBAH TERHADAP AHLI WARIS BEDA AGAMA (Kajian Perbandingan Hukum Antara Hukum Islam dan Putusan Mahkamah Agung Nomor 368.K/AG/1995)

10.31219/osf.io/9f5cj ◽

2017 ◽

Author(s):

Muhammad Rinaldi Arif

Keyword(s):

Supreme Court ◽

Islamic Law ◽

Descriptive Analysis ◽

Secondary Data ◽

Supreme Court Decision ◽

Adoptive Parents ◽

Court Decision ◽

Adopted Children ◽

The Supreme Court ◽

The Republic

According to Islamic law, one of the obstacles to get inheritance is the religious difference between joint heirs and testator. The condition for the joint heirs of different religions felt unfair, so the problem is then brought to the realm of law. The Supreme Court Decision Number 368.K/AG/1995 provides a way for the joint heirs of different religions to obtain the inheritance through a wasiat wajibah. This study is a descriptive analysis that leads to normative legal research, with a research of legal approach. Data collection is obtained from secondary data by library study. The data obtained is then analyzed using qualitative analysis. Based on the results of the research according to the Supreme Court Decision Number 368.K/AG/1995, the concept of wills is not only for adopted children or adoptive parents, but also for non-Muslim heirs by giving Part or portion of the heirs of different religions based on the heirs of different religions based when he/she is Muslim. Analysis of the Decision of the Supreme Court of the Republic of Indonesia Number 368.K/AG/1995, about the provision of wasiat wajibah to the heirs of different religions is that the provision of wasiat wajibah to the heirs of non-Muslims actually is not in accordance with the rules of Islamic law.

Download Full-text

Jurisdiction Analysis of The Distribution of Integrity Children Out of Marriage as Substitute Heritages (Study of The Supreme Court Decision Number: 784 K/Pdt/2014)

Jurnal Independent ◽

10.30736/ji.v9i01.136 ◽

2021 ◽

Vol 9 (01) ◽

pp. 25

Author(s):

Gagah Hotma Parulian Siregar ◽

Widhi Handoko

Keyword(s):

Supreme Court ◽

Secondary Data ◽

Supreme Court Decision ◽

Study Data ◽

Civil Code ◽

Court Decision ◽

Inheritance Law ◽

Main Research ◽

The Supreme Court ◽

Research Problems

Many problems regarding inheritance law occur due to distribution that is not in accordance with applicable regulations. In the Supreme Court Decision Number 784 K/Pdt/2014, the main research problems are: (1) How is the distribution of the inheritance of children out of wedlock as replacement heirs based on the Civil Code study of the Supreme Court's decision number: 784 K/Pdt/2014 . (2) Is the content of the Supreme Court's order Number: 784/Pdt/2014 concerning the distribution of the inheritance of children out of wedlock as replacement heirs appropriate or not according to the Civil Code. This type of research is normative juridical. The data used are secondary data, library study data collection and qualitative data analysis and deductive method conclusions. The conclusion of this decision study states that (1) the heirs to the inheritance of the Supreme Court decision study number: 784 K/Pdt/2014 are Dewina Tjandra, Trisnani Tjandra, Patty Tjandra, Sarina Tjandra, Arifin Tjandra, Ony Tjandra, and Fitri Tjandra . (2) The Supreme Court's decision Number 784 K/Pdt/2014 regarding the distribution of the inheritance of children out of wedlock as substitute heirs is not in accordance with Article 842 of the Civil Code.

Download Full-text

PENERAPAN WASIAT WAJIBAH TERHADAP NON MUSLIM DITINJAU DARI KOMPILASI HUKUM ISLAM (KHI) STUDI KASUS PUTUSAN MAHKAMAH AGUNG NO. 331/K/AG/2018/MA

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6533 ◽

2019 ◽

Vol 2 (2) ◽

pp. 267

Author(s):

Liana Noviyanti ◽

Mulati Mulati

Keyword(s):

Qualitative Research ◽

Supreme Court ◽

Islamic Law ◽

Supreme Court Decision ◽

Court Decision ◽

Court Ruling ◽

Legal Research ◽

Supreme Court Ruling ◽

Library Research ◽

The Supreme Court

Islamic law has stated that every person of different religion cannot inherit each other, both Muslims inherit for non-Muslims and from non-Muslims inherit for Muslims, but in practice, Judges at the Supreme Court level implement mandatory wills, this is required which has been decided in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This study aims to examine how to implement the mandatory non-Muslim wills in the Supreme Court ruling Number. 331 / K / AG / 2018 / MA based on the provisions of the Compilation of Islamic Law (KHI), and what the Supreme Court Judges consider in implementing mandatory testaments against non-Muslims in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This research is a normative legal research with the nature of qualitative research with the type of library research. Based on the studies that have been carried out, the Decision of the Supreme Court Number. 331 / K / AG / 2018 / MA does not include legal considerations in force in Indonesia concerning inheritance provisions and concerning the granting of an approved mandatory will set out in the Compilation of Islamic Law (KHI). The application of mandatory wills in the Supreme Court Decision is contrary to the provisions of Islamic Law and the provisions of the Compilation of Islamic Law (KHI). Article 209 paragraphs (1) and (2) concerning mandatory wills.

Download Full-text

Updating Supreme Court Legitimacy: Testing the “Rule, Learn, Update” Model of Political Communication

American Politics Research ◽

10.1177/1532673x17702353 ◽

2017 ◽

Vol 45 (6) ◽

pp. 980-1002 ◽

Cited By ~ 5

Author(s):

James L. Gibson ◽

Miguel M. Pereira ◽

Jeffrey Ziegler

Keyword(s):

Supreme Court ◽

Political Communication ◽

Representative Sample ◽

American Politics ◽

Supreme Court Decision ◽

Court Decision ◽

Court Decisions ◽

Empirical Tests ◽

Nationally Representative ◽

The U.S

One of the more important innovations in the study of how citizens assess the U.S. Supreme Court is the ideological updating model, which assumes that citizens grant legitimacy to the institution according to the perceived distance between themselves and the Court on a unidimensional ideological (liberal–conservative) continuum. Under this model, citizens are also said to update this calculation with every new salient Supreme Court decision. The model’s requirements, however, do not seem to square with the long-established view that Americans are largely innocent of ideology. Here, we conduct an audit of the model’s mechanisms using a series of empirical tests applied to a nationally representative sample. Our general conclusion is that the ideological updating model, especially when supplemented with the requirement that citizens must become aware of Court decisions, simply does not square with the realities of American politics. Students of Supreme Court legitimacy may therefore want to search for other theories of legitimacy updating.

Download Full-text

The Existence of President Instruction of The Republic of Indonesia Number 1 The Year 1991 on The Wide Spread of Compilation of Islamic Law in Indonesian Legal System

AL-IHKAM Jurnal Hukum & Pranata Sosial ◽

10.19105/al-lhkam.v13i2.1727 ◽

2018 ◽

Vol 13 (2) ◽

pp. 291-309

Author(s):

Fajar Sugianto ◽

Slamet Suhartono

Keyword(s):

Supreme Court ◽

Legal System ◽

Islamic Law ◽

Legal Issue ◽

Regulation System ◽

Reform Era ◽

Positive Law ◽

The Republic ◽

The Government ◽

Constitutional System

President Instruction Number 1 Year 1991 is a legal instrument that became Indonesia’s positive law regulating the Compilation of Islamic Law (KHI). However, the constitutional system and regulation system in Indonesia have undergone significant changes since the reform era. It raised another legal issue in the application and implementation of the Compilation of Islamic Law since it is not categorized as the source of law in Indonesia’s legal system. It cannot be applied to the government directly because of lack of legal binding. Nevertheless, the existence of the President Instruction still provides recognition through join decision with the Ministry of Religion and the Supreme Court. Thus, the Compilation of Islamic Law can be institutionally applied in the Religious Court which positioned under the Indonesia’s Supreme Court. Since then Judges easily apply the Compilation of Islamic Law as the legal source in resolving disputes in Muslim society. (Inpres 1/1991 merupakan instrumen hukum yang menjadikan hukum Islam sebagai hukum positif di Indonesia, akan tetapi perkembangan sistem ketatanegaraan dan sistem perundang-undangan di Indonesia telah mengalami perubahan yang sangat pesat sejak era reformasi. Hal ini menimbulkan problem hukum baru dalam pemberlakuan Kompilasi Hukum Islam (KHI) mengingat kedudukan Inpres 1/1991 dalam sistem perundang-undangan tidak dikenal sebagai peraturan perundang-undangan. Dalam aspek kekuatan mengikat, Inpres tersebut tidak dapat diberlakukan untuk umum karena tidak mempunyai kekuatan mengikat umum dan hanya bersifat mengikat ke dalam terhadap pejabat yang berkedudukan lebih rendah pada 1 (satu) institusi. Kendatipun demikian eksistensi Inpres 1/1991 hingga hari ini masih diakui keberadaannya mengingat substansinya dibentuk melalui keputusan bersama antara Menteri Agama dengan Ketua Mahkamah Agung. Sehingga, Kompilasi Hukum Islam mengikat hakim-hakim peradilan agama yang berada di bawah lingkungan Mahkamah Agung. Para hakim dapat menggunakan Kompilasi Hukum Islam sebagai dasar hukum untuk menyelesaikan sengketa yang terjadi diantara masyarakat yang beragama Islam)

Download Full-text

THE DUALISM OF THE SUPREME COURT’S DECISIONS ON THE POSITION OF NON-MARITAL CHILD

JURNAL HUKUM DAN PERADILAN ◽

10.25216/jhp.8.2.2019.228-254 ◽

2019 ◽

Vol 8 (2) ◽

pp. 228

Author(s):

Nurhadi Nurhadi

Keyword(s):

Supreme Court ◽

Islamic Law ◽

Supreme Court Decision ◽

Court Decision ◽

Constitutional Court ◽

Literature Study ◽

The Supreme Court ◽

Pros And Cons ◽

Religious Courts ◽

Unmarried Child

Since the birth of the Constitutional Court Decision Number 46/PUU-VIII/2010, the legal experts have discussed the positions of marriage children through articles, papers, books and seminars, pros and cons when interpreting the non-marital child, judges also gave birth to many interpretations. The Supreme Court (MA) has two views in adjudicating the marriage case, Supreme Court Decision Number 329 K/AG/2014 states that the ratification of an unmarried child is not a jurisdiction of the Religious Courts, whereas in Decision of Supreme Court Number 597 K/AG/2015 states that the non-marital children are legitimate even though the marriage of their parents only carries out marriage under Islamic law. The formulation of the problem is how the criteria of marital legitimacy in Indonesia? How is the outsider interpretation of the two Supreme Court decisions? The research method used is literature study, with the type of normative legal research, which is descriptive analytical. The conclusion is that in Supreme Court Decision Number 329 K/AG/2014 considered the marriage to be legitimately religious, but because it is not recorded so that the marriage does not get the certainty and protection of the law, consequently the child born from the marriage is not a legal child, whereas in Decision Number 597 K/AG/2015 The Supreme Court considers that although the marriage is not recorded, the child born from the marriage must still have legal certainty and protection so that the child is considered a legal child.

Download Full-text

Sistem Utang Piutang Pupuk Dibayar Gabah di Jember Perspektif Fiqih Muamalah dan Hukum Positif

rechtenstudent ◽

10.35719/rch.v1i3.37 ◽

2021 ◽

Vol 1 (3) ◽

pp. 285-292

Author(s):

Siti Muhlisah

Keyword(s):

Supreme Court ◽

Research Method ◽

Supreme Court Decision ◽

Court Decision ◽

Accounts Receivable ◽

Positive Law ◽

Accounts Payable ◽

The Supreme Court ◽

Principle Of Justice ◽

Descriptive Qualitative

Discussing about debt and credit is not foreign to everyone's ears. Accounts receivable is an agreement between one party and another with the agreed object and will be returned within a certain time as agreed. Debt and credit is a form of muamalah which is ta'awun (please help). The fact is that many debts and receivables are not following sharia and law in Indonesia. This study aims to determine and analyze how the practice of fertilizer receivables is paid with grain from the perspective of Fiqh Muamalah and Positive Law. The research method used is descriptive qualitative. The results of this study found that according to Fiqih Muamalah, the fertilizer receivable payable system is paid with grain that the transaction is allowed, but every addition in fertilizer receivables is paid with grain required by the creditor is usury. The practice of the fertilizer debt system being paid with grain also contradicts the principles of the contract, one of which is the divine principle, the principle of justice, and the principle of writing. In the Positive Law, the fertilizer accounts payable system is paid with the grain if it refers to the Supreme Court decision dated December 4, 1975, No. 804 K / Sip / 1973 principal debt plus 6% interest, because 6% interest is the usual interest at the time the agreement was held. And must be stipulated in writing. Meanwhile, the interest in the debt and credit is more than 70%.

Download Full-text

KEABSAHAN PEMBUKTIAN AKTA NOTARIS DI PENGADILAN SEBAGAI AKTA OTENTIK (Kajian Putusan No. 3591K/PDT/2018 )

ADHAPER: Jurnal Hukum Acara Perdata ◽

10.36913/jhaper.v6i2.129 ◽

2021 ◽

Vol 6 (2) ◽

pp. 53

Author(s):

Hazar Kusmayanti ◽

Yuda Anrova

Keyword(s):

Supreme Court ◽

Research Method ◽

Secondary Data ◽

Land Rights ◽

Supreme Court Decision ◽

Documentary Evidence ◽

Analysis Method ◽

Positive Law ◽

The Supreme Court ◽

The Republic

The evidentiary process requires evidence which is regulated under the civil procedure law in Article 164 HIR. Supreme Court decision number 3591K/Pdt/2018, discusses documentary evidence in the form of an agreement to transfer and transfer land rights. Mahakamah Agung’s decision number 3591K/Pdt/2018 states that the deed has no legal force because the land object of the dispute has been issued a legally valid right to build (HGB) certifi cate. The purpose of this paper is to fi nd out the legal considerations of the decision of the Supreme Court of the Republic of Indonesia regarding the validity related to positive law in Indonesia. The research method used is a normative juridical approach with research specifi cations in the form of descriptive analytical through secondary data obtained from literature studies. The data analysis method used is qualitative normative method. The conclusion was obtained that the deed of agreement of transfer and transfer of land rights as outlined in deed number 255 is legally valid because the agreement was made by fulfi lling the validity requirements of the agreement in Article 1320 of the Civil Code, however the judge did not provide further explanation in the judge’s consideration regarding the validity of the letter.

Download Full-text