scholarly journals Peran Notaris/PPAT Dalam Pembuatan Akta Pembagian Harta Warisan Terhadap Ahli Waris Yang Berbeda Agama

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 105
Author(s):  
Diah Ragil Kusuma ◽  
Munsharif Abdul Chalim

ABSTRAKKewajiban dalam melaksanakan wasiat wajibah itu bersifat Qadhai, disini dapat diartikan bahwa tidak hanya sebagai tanggung jawab seseorang dalam melaksanakan perintah agama, namun wasiat wajibah tersebut dapat dipaksakan apabila ia lalai dalam melaksanakannya karena sudah menyangkut kepentingan umum.Peran notaris dalam membuat akta pembagian harta waris terhadap ahli waris non muslim yakni dengan membuatkan Akta Keterangan Waris yang di dalamnya menjelaskan pemberiannya melalui wasiat wajibah. Demikian pula yang menjadi landasan yuridis atas pemberian wasiat wajibah kepada ahli waris non muslim oleh Putusan Mahkamah Agung RI Nomor: 368 K/AG/1995, tanggal 16 Juli 1998 yang telah menetapkan bahwa seorang anak perempuan yang beragama Nasrani berhak pula mendapat harta warisan pewaris, tidak melalui warisan melainkan melalui wasiat wajibah. Dan besar perolehannya adalah sama dengan bagian seorang anak perempuan, bukan 1/3 dari harta warisan dan bukan pula ¾ bagian dari perolehan anak perempuan pewaris. Selanjutnya Putusan Mahakamah Agung RI Nomor: 51 K/AG/1999, tanggal 29 September 1999 yang telah memberikan pertimbangan: “Menimbang, bahwa namun dengan demikian Mahkamah Agung berpendapat bahwa putusan Pengadilan Tinggi Agama Yogyakarta harus diperbaiki, karena seharusnya Pengadilan Tinggi Agama Yogyakarta memperbaiki amar putusan Pengadilan Agama Yogyakarta mengenai ahli waris non muslim, mereka berhak mendapat warisan melalui wasiat wajibah yang kadar bagiannya sama dengan bagian ahli waris muslim.”Kata Kunci : Notaris, Wasiat Wajibah, Non Muslim.ABSTRACTObligation in carrying out the mandate is Qadhai, here it can be interpreted that not only as a person's responsibility in carrying out religious orders, but the will is compulsory if he neglects in carrying it out because it is related to the public interest.Notary's role in making the deed of dividing the heirs against non-Muslim heirs by making the Deed of Inheritance Statement which in it explains its grant through the mandatory testament. Likewise, the juridical basis for the provision of a mandatory will to non-Muslim heirs by the Supreme Court Decision Number 368 K / AG / 1995, dated July 16, 1998 which has stipulated that a Christian girl is entitled to also get the inheritance, not through inheritance but through a mandatory will. And the gains are equal to the share of a daughter, not 1/3 of the estate and not the part of the acquisition of the daughter of the testator. Furthermore, the Supreme Court Decision Number 51 / K / 1999 dated 29 September 1999 has given consideration: "Considering that, however, the Supreme Court is of the opinion that the decision of the Yogyakarta High Religious Court must be improved, since the Religious High Court of Yogyakarta should have improved the amar the decision of the Religious Court of Yogyakarta concerning the non-Muslim heirs, they are entitled to inheritance through a mandatory testament whose content is equal to that of the Muslim heirs".Keyword : Notary, Mandatory Testament, Non-Muslim.

Author(s):  
Jailani Jailani ◽  
Teguh Prasetyo ◽  
Otto Yudianto

In Indonesia, corruption isn’t an extraordinary thing but it has become commonplace in front of the public, especially the perpetrators are state officials who have an important role. Criminal sentences for a suspect in a criminal act of corruption can be said to be severe, but it doesn’t provide a deterrent effect so that if there is a gap, the act can be recommited. Until there is a legal reform to remove certain rights inherent in everyone. The legal reform refers to the Supreme Court Decision Number 537K/pid.sus/2014 and the Supreme Court Decision Number 1195K/pid.sus/2014. Meanwhile, the criminal act of corruption itself has been regulated in Law No.20 of 2001 concerning Ammendents to Law No. 31 of 1999 concerning Eradication of Corruption Crime.


2018 ◽  
Vol 12 (1) ◽  
pp. 25-62
Author(s):  
Rahmat Saputra

The purpose of this study was to provide an overview of the actions of the defendant already fulfilling the elements of Article 351 paragraph (3) of the Criminal Code in the Supreme Court Decision No. 1043 K / PID / 2016 and to illustrate the basic consideration of the judge in imposing a verdict on a criminal offense charged with Article 351 paragraph (3) of the Criminal Code in the Supreme Court decision No. 1043 K / PID / 2016. The method used in this study is normative law research. Data collection methods in this study were carried out with literature study, which is a method of collecting data by searching and reviewing library materials (literature, research results, scientific magazines, scientific bulletins, scientific journals). Data collection techniques using qualitative analysis methods. The conclusion in this study is the application of material criminal law by the Panel of Judges of the Supreme Court in the case of Number 1043 K / PID / 2016 which corrected the decision of the Banjarmasin High Court Number 59 / PID / 2016 / PT.BJM, dated 13 July 2016 which strengthened the Kotabaru District Court Decision Number 64 / Pid.B/2016/PN. Ktb, dated April 27, 2016 stating that the defendant Nanang Ramli bin (late) Syamsudin was proven legally and convincingly guilty of committing a criminal act of maltreatment which resulted in the death of the victim Jumadi alias jumai bin yahya ( alm) as stipulated in Article 351 paragraph (3) the Penal Code (hereinafter referred to as the Criminal Code) is correct, it is in accordance with the Public Prosecutor's Subsidies indictment, and has been based on the facts of the trial, the evidence presented The Public Prosecutor is in the form of witness statements, evidence, post mortem, and statements of the defendant. The Panel of Judges of the Kotabaru District Court in its consideration there are still some shortcomings, especially in its subjective considerations, namely on consideration of things that are burdensome and matters that alleviate the defendant. The consideration used by the judge in this case only focuses on the perpetrators of the crime. Whereas Article 5 paragraph (1) of Law Number 48 Year concerning Judicial Power requires judges to explore, follow, and understand the legal values ​​and sense of justice that lives in society. This means that the judge must also consider the loss of the crime victim, and the community


Author(s):  
Redi Res

Parate executive is the primary purpose of establishing Law Number 4 of 1996 concerning Mortgage Rights to provide solid legal protection for creditors holding mortgage objects. The easy and inexpensive execution process should make the parate executive the leading choice for creditors in auctioning mortgage objects if the debtor defaults. However, in reality, the parate execution could not be carried out properly because of the Supreme Court Decision No. 3210 K/Pdt/1984, in which one of the ratio decidendi in it that the public auction conducted by the Bandung KPKNL is invalid, and this is also supported by book II of the Supreme Court's guidelines which requires fiat execution from the District Court. This paper will explain how the two conflicting legal bases will impact the implementation of parate executives in the field. Keywords: Parate Executie;  Mortgage; Land.


2020 ◽  
Vol 13 (1) ◽  
pp. 15-28
Author(s):  
Elfirda Ade Putri

Murder accompanied by inclusion or carried out jointly is a special form of murder that incriminates the perpetrators. Basically, judges 'considerations in deciding cases, especially with murder cases, are sometimes not in accordance with applicable law, apart from that the sentence imposed is sometimes not in accordance with the perpetrators' actions, so that justice is not obtained, especially for the injured parties. There are differences in sentencing in each court, even though prior to sentencing, the judge has considered the same juridical considerations from each court level, whether it consists of indictments of the public prosecutor, defendant's statements, witness statements, witness statements, evidence and articles of law criminal. The application of material law by the Public Prosecutor in the Supreme Court Decision number 966 K / Pid / 2014 is not right. The public prosecutor uses the subsidair indictment using Article 338 paragraph (1) jo Article 55 of the Criminal Code. Public prosecutor did not ensnare the defendant Article Number 340 of the Indonesian Criminal Code, where the criminal act committed by the defendant contained an element of "planning".


Author(s):  
Rini Erlina ◽  
Yaswirman Yaswirman ◽  
Mardenis Mardenis

In Indonesia, polygamy is permissible as long as it is justified by religion and the rules of the marriage law. However, a husband who wants to have more than one wife can only be done if he fulfills various requirements decided by the Court. Based on the principle of “audi alteram partem”, the Supreme Court views that the consideration of the Jakarta Religious High Court towards the defendant's answers, evidence and witnesses submitted by the defendant is a right decision even though they are late and no trial is submitted. The Supreme Court argues that polygamy permission is a necessity. It aims to maintain the welfare of the parties bound to the marriage that have been and are still ongoing. The word "can" in Islamic Law Compilation (KHI) article 71A shows that the cancellation of marriage for a reason of polygamy without court permission is tentative (facultative). Whether or not the marriage is canceled must be submitted to the court and is very dependent on the assessment of the benefits of the wife/wives and children. The legal consequences of the stipulation of the marriage establishment (ithbat) based on the decision of the Religious Court and the refusal to cancel the marriage establishment (ithbat), the child of the second wife has inheritance rights from his father, including assets from his property with his first wife.


Sign in / Sign up

Export Citation Format

Share Document