Publication Search

67,356 articles from 564 journals · 1,699 citations tracked

Showing 1-10 of 10

Analytics

Arman Arroisi Hatta; Josua Arya Subagiyo

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Karo Batak customary inheritance law is based on a patrilineal system which determines that the main heir is the eldest son. However, it should be noted that women also have the right to inheritance in some cases, especially if there are no sons in the family. In general, inherited assets are divided equally between the children and surviving spouse of the deceased, but certain properties such as land or inherited property in particular are more likely to be passed patrilineally to the eldest male child to maintain the continuity of the bloodline. This system also recognizes the important role of ancestors in determining inheritance distribution and has strong customary mechanisms to resolve conflicts that may arise regarding inheritance distribution. Even though it is still recognized and implemented, Karo Batak customary inheritance law has faced several challenges and adaptations with the advent of the modern era. Changing living patterns, urbanization, greater education, and the influence of national laws often influence the way heritage is managed and shared. In many cases, inheritance arrangements may combine elements of customary law with national law to adapt to social changes and the practical needs of modern families. This could have the impact of a more equal distribution between children, without necessarily taking into account gender or birth order, as well as paying more attention to the economic and social needs of family members. Despite this, customary inheritance law practices are still respected and maintained in many Karo Batak communities, often as part of their cultural identity and traditions.

Izdihar Luthfiyyah Surya Gerhana; Elip Intan Pratiwi

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Customary inheritance law is the passing of wealth from the upper generation to their descendants. Inheritance law is based on customary norms, BW, to the Compilation of Islamic Law. The Bugis tribe as adherents of the parental inheritance system still maintain the customary distribution of inheritance Over time and along with the entry of Islam, the Bugis tribe began to use Islamic law as a way out to fulfill the obligations of heirs.

Kresia Kresia; Muhammad Riyan Wahyuda; Daryll Alessandro Indratmoko

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Law is a regulation that regulates and enforces society, containing regulations or prohibitions on actions within a state order established by authorized institutions. Basically, law is formed because of an event, meaning that law follows changes in society. Indonesia is a country based on Pancasila, which has very diverse ethnicities, religions and races. This is what causes Indonesia to have diverse customs, which means that customary law in Indonesia has diversity. Customary inheritance law in Indonesia has three inheritance distribution systems, namely patrilineal customary inheritance, matrilineal customary inheritance, and parental customary inheritance. Patrilineal traditional inheritance is inheritance drawn from the father's lineage, traditional matrilineal inheritance is inheritance drawn from the mother's lineage, and parental inheritance is inheritance drawn from the second lineage.

Vella Septia Renanda; Azzahra Sania Wahyu

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The Indonesian nation has very diverse tribes, cultures, languages ​​and religions because it has many islands. Each region certainly has its own traditions, customary laws and traditional communities and the Indonesian state recognizes the existence of customary laws within the community. The kinship system influences a rule in customary law. In Bali, the distribution of inheritance is based on a patrilineal kinship system, where in this system the son is the one who continues the family and is prominent. This research discusses the female inheritance system in Bali in Balinese customary law. We conducted research with the aim of exploring the position of female heirs in the traditional inheritance system in Bali and to find out and analyze the efforts made by female heirs to obtain inheritance rights. We use a research method, namely a qualitative approach, which means providing an explanation of the position of heirs in narrative form.

Arif Bijaksana

Jurnal Manajemen dan Pendidikan Agama Islam 2023 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

In Islamic inheritance law, it is a law derived from the Qur'an where the truth of the teachings or theories is absolutely true because it is a revelation from God. Islamic inheritance law in general theory is a law conveyed by Allah SWT to the Prophet Muhammad SAW to be applied and made law by mankind. In legal philosophy it is said that the law is for humans, in Islam the Islamic inheritance law is absolute because it has been regulated in it. Problems arise in its application in society, especially in terms of the rights and acquisition of the second wife, third wife and fourth wife. There is discrimination in the distribution of inheritance that violates existing rules and provisions and there is a mental attitude that does not or is reluctant to carry out and follow the provisions of Islamic inheritance law regarding the acquisition and inheritance rights of the second wife, third wife or fourth wife.

Roselli Anjelina Lumbansiatar; Rahma Dhani Fitria Sinaga; Agatha Sofia Simanjuntak; Syuratti A Rahayu Manalu

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Inheritance law is a provision that regulates matters of property. If it is not regulated in detail, this will result in disputes within the family, even disputes will have very fatal consequences, even bloodshed between the family itself, sometimes because the influence of custom or law is still very strong. custom, namely by postponing the distribution of the heir's inheritance. To avoid this, rights are required that are recognized or granted by law and must also be attached to the person's responsibilities, if they are protected. Benefits or rights recognized or granted by law must also attach to the person's responsibilities. The method in this research is a qualitative method with a statutory approach and a conceptual approach where this writing examines statutory regulations and examines legal concepts contained in the articles contained in legal regulations, especially regarding the role of notaries in determining rights and responsibilities. the heir's responsibility from the perspective of Islamic law. In this case, the Notary has an important role in a will because they ensure its legality, validity and execution in accordance with the law. They help prevent inheritance from becoming available and ensure that the will's wishes are legally fulfilled.

Shally Fiqih Alvani; Muhammad Al Mansur; Nova Arianti

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Islamic Sharia establishes inheritance rules in a very regular and fair form. It stipulates the right to property ownership for every human being, both men and women, in a legal manner. Islamic Sharia also stipulates the right to transfer ownership of a person after death to his heirs from all his relatives and lineages. Islam details and explains through the Qur'an al-Karim the share of each heir with the aim of realizing justice in society. Inheritance according to Civil Law is inheritance law in the form of a set of legal provisions that regulate legal consequences. Traditional inheritance law is actually the law of passing on wealth from one generation to its descendants.

Siti Nur Setia Rahman; Muh. Amin Dali; Suslianto Suslianto

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The problems raised in this research are (1) whether the inheritance distribution according to decision number: 0548/Pdt.G/2016/PA.Gtlo has been realized on yulianti boki while the barrier is still alive? (2) how do judges mediate the inheritance case number: 0548/Pdt.G/2016/PA.Gtlo in the Gorontalo religious court? This research aimed to determine the realization of the decision number: 0548/Pdt.G/2016/PA.Gtlo on the distribution of inheritance to Yuliyanti Boki, the heir of the Mahjub. To analyze how judges mediate inheritance disputes through decision number: 0548/Pdt.G/2016/PA.Gtlo at the Gorontalo Religious Court, this type of research is field research, namely field observations of the object being studied in order to obtain data that is relevant to matters relating to the problems studied and which focuses on the results of data collection from informants who have been determined, namely the judges of the Gorontalo Religious Court. The judge’s decision showed that Yuliyanti Pakaya was not the primary heir but the mahjub heir who was not entitled to receive the inheritance. However, Yuliyanti Pakaya was still given the distribution of inheritance by the primary heirs voluntarily through the results of mediation conducted by the Gorontalo Religious Court judges.

Dwi Kasih Maharani Taib; Nur Mohamad Kasim; Sri Nanang Meiske Kamba

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The aim of this research is to find out the juridical review and legal consequences for the distribution of inheritance to adopted children regardless of the position of the main heir. The method used is empirical juridical research with primary data obtained in the field and secondary data through literature studies and related regulations. The results of this study indicate that based on article 171 letter (c) KHI who becomes an heir must have a blood relationship with the heir, not being hindered by law to become an heir and article 209 paragraph (2) KHI for adopted children who do not receive a will is given a mandatory will 1/3 of the heir's inheritance. However, the facts on the ground are not in accordance with the provisions above, in fact the heir gives more inheritance to the adopted child than the main heir on the grounds that groups 2, 3, and 4 do not object, then the second heir states that the adopted child is older than his biological child. This reduces and closes the share of legal heirs. In adopting a child, it is done in the best interest of the child based on local customs and applicable laws and regulations. This fulfills the elements of article 39 paragraph (1) and article 171 letter (h) KHI. There are three legal consequences of the distribution of inheritance to adopted children, namely: 1) The distribution of inheritance has not been fulfilled in Article 209 paragraph (2) KHI 2) The rights and obligations have been fulfilled for adopted children according to Article 171 letter (h) KHI. However, the adopted child is constrained in terms of legitieme portie cannot sue the position of the main heir 3) Lineage relations, the adoptive parents have severed the lineage relationship of the adopted child with his biological parents where he uses the surname of his adoptive father. This contradicts QS-Al Ahzab: 4 and 5 and does not fulfill article 39 paragraph (2).

Ella Putri Permatasari; Nur Fira Amalia Fabrianti; Qutrotu Salsabila; Muhammad Zalfa Roqiqo Abada

Concept: Journal of Social Humanities and Education 2023 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

As a manifestation of mutual respect and an attitude of living in harmony, it is important to resolve land conflicts through a fair distribution of inheritance. Equitable distribution of inheritance is a process of distributing assets and land rights proportionally according to the needs and contributions of each party involved. Equitable distribution will create social justice and reduce injustice that may occur, so as to reduce conflict, one of which is by means of mediation. Equitable distribution of inheritance can also help develop communities and increase economic well-being. Also intended to eliminate feelings of resentment due to disputes that arise. By means of mediation, it is hoped that this family spirit will be maintained so that a harmonious and peaceful life can be created.