Surat Keterangan Waris Yang Memuat Keterangan Tidak Benar Dikaitkan Dengan Kekuatan Pembuktiannya Sebagai Akta Otentik

In Indonesia the distribution of inheritance, there are often disputes between parties who have an interest in each other. This makes some people choose to make a Inher itance Certiﬁcate which aims to prove the parties entitled to inheritance from the testator. In practice, heirs are often found that contain incorrect statements and serve as evidence in court proceedings, as found in Supreme Court Decision Number 121/Pid/2017/PT.DKI. This article discusses the power of proof of authentic deeds which contain incorrect statements in terms of the perspective of the Civil Procedure Code and the validity of an agreement based on authentic deeds which contain incorrect statements based on the Civil Code. Normative juridical research methods are used in this study, namely in-depth analysis of the positive regulations concerned and also ﬁeld research related to the process of making a Certiﬁcate of Inheritance in the Religious Courts, Notaries, and Village Ofﬁ ce. Based on the results showed the Inheritance Certiﬁcate containing incorrect information, still has the power of proof attached as long as no cancellation is submitted to the judge by the parties who feel disadvantaged, and as long as there is no decision from the court stating that the deed is invalid. However, if there has been a decision from a judge stating that a certain authentic deed is invalid, then the deed no longer has the perfect proof of strength as an authentic deed.

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336WASIAT WAJIBAH SEBAGAI PENEMUAN HUKUM OLEH HAKIM DALAM PERKARA WARIS BEDA AGAMA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 16 K/AG/2010)

JURNAL HUKUM DAN PERADILAN ◽

10.25216/jhp.6.2.2017.317-336 ◽

2017 ◽

Vol 6 (2) ◽

pp. 317

Author(s):

Nurhadi Abdul Gani

Keyword(s):

Supreme Court ◽

Supreme Court Decision ◽

Court Decision ◽

Strong Basis ◽

Legal Instrument ◽

The Supreme Court ◽

Religious Courts

The majority practice of inheritance distribution in the Religious Courts for the heirs of different religions was the nonmuslim heirs are not entitled to the inheritance of their parents, such a verdict is not without a strong foundation, there is a strong basis utterance of Prophet Muhammad SAW which states: “muslim does not inherit a nonmuslim, and a nonmuslim also does not inherit a Muslim". In this research will review two problem formulas. Firstly, is the Supreme Court's decision a legal breakthrough or legal invention? Secondly, is the legal instrument of granting inheritance rights to nonmuslim families through a wajibah wasiyah considered appropriate. The method used in this research is analytical descriptive. The results of the research indicate that the Supreme Court Decision Number 16 K/AG/2010 can be considered as legal invention in the division of inheritance for the heirs of different religions, without violating the hadith provisions. The instrument used in inheritance distribution toward nonmuslim is right with wajibah wasiyah.Keywords: inheritance, wajibah wasiyah, nonmuslim

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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.

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