Publication Search

72,210 articles from 658 journals · 2,111 citations tracked

Showing 1-7 of 7

Analytics

Anggi Wicaksono; Zainal Arifin Hosein

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study aims to analyze the comparative law on inheritance in the Islamic legal system, civil law, and its impact on Indonesian implementations. The research method used is normative juridical with a statute approach and a conceptual approach, which focuses on analyzing applicable legal documents and norms. This study discusses the characteristics of each legal system, including differences in the distribution of inheritance, the obligations of heirs to the debts of the testator, and the inheritance mechanism regulated in the Civil Code (KUHPerdata) and Islamic inheritance law. Furthermore, this study explores the impact of implementing the two legal systems in Indonesia, considering the diversity of Indonesian society that influences the implementation of inheritance law. The results are expected to provide deeper insight into how the two legal systems interact and influence inheritance practices in Indonesia.

Dika Ratu Maru’atun; Dwi Juniyanto; Wahyu Rivaldi; Asep Sunarya

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Current developments have brought many changes to Indonesia. The many changes that have occurred have not changed one thing in Indonesia, namely heritage. This problem is what triggers arguments between families and the Indonesian people because they don't want to know how inheritance is distributed according to civil law, so as a result they divide inheritance assets at will and do not comply with the Civil Code regarding inheritance. Article 830 of the Civil Code states that inheritance law is the law that regulates the legal position of a person's assets after he dies, especially the transfer of assets to other people. This research also aims to determine the distribution of inheritance assets to heirs according to civil law (BW). In BW (civil) inheritance law, in terms of inheritance, there are three important elements, namely Heir (erflater), Heir (erfgenaam) and Inheritance (Nalatenshap). In the Civil Code there are four groups of heirs, namely Group I, Group II, Group III and Group IV. The research method used is a normative legal research method, namely legal research which focuses on literature study and the data used in this research is in the form of books, journals, laws, other references which are collected and processed to be presented to meet the need for new knowledge and ideas.

Dika Ratu Marfu’atun; Asep Dharmawan; Natasha Apriliani; Sofia Billa Paradise

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Inheritance law regulates a person's wealth after the owner dies. In general, the system of inheritance or distribution of wealth can be done in three ways: using BW law (Burgerlijk Wetboek), Islamic law, and customary law. This research method uses a qualitative research method with a normative juridical research type with an observational approach which is intended to examine legal issues related to the comparison of the distribution of inheritance assets according to Civil Law and Islamic Law. The aim of this research is to find out how inheritance is divided according to western civil law and Islamic lawAccording to civil law, there are two ways to divide inherited assets, namely Ab-intestato (heirs according to law article 832 of the Civil Code) and Testamentair (Will). Meanwhile, in Islamic law, men get two parts, while women get one part (2:1). When a man marries, the inheritance he receives from his parents will be used to pay the dowry and support his wife and children.  

Maria Oktafiani Wona Ledun; Agustinus Hedewata; Husni Kusuma Dinata

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research discusses the juridical review of the sale and purchase of inherited land without the knowledge of other heirs in the civil law code. This research method uses normative legal research methods, namely library research methods. The results of this study indicate that the transfer of land rights through sale and purchase or inheritance and other legal events are in accordance with applicable regulations, namely the Basic Agrarian Law and Government Regulation No. 24 of 1997 to create legal certainty and justice for severe parties, all legal acts or legal events need to be contained in an authentic deed made before a Notary / PPAT and registered with the land office so that the legal act is valid and has legal force in order to avoid legal problems and disputes, as well as an analysis of the basis for the judge's consideration in Decision Number 10/PDT. G/2019/PN LBT the plaintiff's lawsuit was declared unacceptable or rejected because the main petitum of the lawsuit was rejected, the next petitum was also rejected because it was assessor / following the granting of the main petitum of the lawsuit regarding the unlawful act of the defendants was declared unacceptable.

Intan Sukmawati; Tajul Arifin

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the division of inheritance rights based on the Hadiths of Bukhari and Muslim and the Articles of the Civil Code; how the division of inheritance rights is viewed in the perspective of the Hadiths of Bukhari and whether it is in accordance with the provisions of the Civil Code. The research method used is document analysis, collecting data from Islamic law and civil law literature and comparing the two. The results show that the division of inheritance rights in the Hadiths of Bukhari emphasizes the principles of equality and justice for heirs, while the Civil Code regulates the division of inheritance rights based on lineage and the number of heirs. So, the division of inheritance rights in the Hadiths of Bukhari emphasizes the principles of equality and justice, while the Civil Code regulates the division of inheritance rights based on lineage and the number of heirs, thus indicating a difference in approach in determining inheritance in the context of Islamic law and civil law in Indonesia.

Sri Susanti Auna; Mutia Ch. Thalib; Dolot Alhasni Bakung

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out the legal rules regarding the parentage of stepchildren in the distribution of inheritance according to the Civil Code and the Compilation of Islamic Law and to find out the legal consequences of having stepchildren inherit from their stepparents in Kualalumpur Village, Kec. Paguyaman. This research uses the Normative/Empirical Juridical type of research. The results of this research found that the position of stepchildren in inheritance distribution according to the Civil Code and KHI is that stepchildren are not classified as heirs of their stepparents, stepchildren can only inherit from their biological parents even if they were brought to their biological parents' most recent marriage. Under Islamic law, stepchildren can inherit their stepparents' inheritance by means of a will. The Impact of Position Law on Stepchildren Inheriting From Their Stepparents in Kuala Lumpur Village, District. Paguyaman is: Stepchildren do not inherit from their stepparents, stepchildren become an obstacle which results in a reduction in their stepparent's share, stepchildren can only be given a compulsory will.  

Rodestya Nanda Puspitasari

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This paper aims to explain the application of Article 1859 of the Civil Code related to the annulment of a deed of peace in the settlement of inheritance disputes and explain the legal consequences of a deed of peace made due to errors in including heirs. The methodology in this paper uses the type of literature writing (library research). The results of this paper show that: 1) Cancellation of a deed of peace can be done based on the application of Article 1859 of the Civil Code, namely if there is an error in entering the heirs in the deed of peace then it can be canceled, 2) The legal consequences of an underhand peace deed that has an error are the cancellation of the peace deed and blocking all submitted applications.