PEMBAGIAN HARTA BERSAMA DITINJAU DARI ASAS KEPASTIAN HUKUM (Studi Putusan Mahkamah Agung Nomor 266K/AG/2010)

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Darmi Wati
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Certainty ◽  
The Supreme Court ◽  
Joint Property

Shared assets are abattoir items obtained during marriage. If the divorce of the joint property is divided in two, except for the marriage agreement. This is regulated in Article 97 Compilation of Islamic Law as a basis for legal certainty. But the fact is that the sharing of the collective shares is not in accordance with Article 97 Compilation of Islamic Law, namely the division is not divided in two as occurred in the Supreme Court decision Number 266K / AG / 2010, namely the Plaintiff / Cassation Respondent ex-husband gets ¼ (one quarter). This is the object of the author's research by reviewing the principles of legal certainty. Keywords : Sharing of Joint Assets, Principle of Legal Certainty

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

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.

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

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. 

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

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.

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

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.Keywords: Non Moslem Heir, Legacy, Moslem Heir, The Supreme Court Decision Number 331 K / AG / 2018

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

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.

scholarly journals Judges’ Considerations in the Cancellation Decision of the Marriage Establishment (ITHBAT) of Polygamy (The Analysis of Supreme Court Decision No.351/K/Ag/2016)

2019 ◽  
Vol 6 (2) ◽  
pp. 164
Author(s):  
Rini Erlina ◽  
Yaswirman Yaswirman ◽  
Mardenis Mardenis
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Marriage Law ◽  
High Court ◽  
The Supreme Court ◽  
Legal Consequences

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.

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