Tinjauan Yuridis Ketentuan Pembagian Waris Dalam Keadaan Kalalah Berdasarkan Hukum Islam & Kitab Undang-Undang Hukum Perdata

Nugroho, Cahyo Adi and , Mutimatun Ni'ami, SH., M.Hum. (2022) Tinjauan Yuridis Ketentuan Pembagian Waris Dalam Keadaan Kalalah Berdasarkan Hukum Islam & Kitab Undang-Undang Hukum Perdata. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The objectives of this research are as follows: a) To find out the legal concept that applies to the division of inheritance in a state of defeat based on Islamic law and positive law; b) To find out the judge's considerations in determining the division of inheritance in a state of defeat based on Islamic law and positive law. This study uses a doctrinal approach, because in this study the law is conceptualized, as written norms made and promulgated by institutions or by authorized state officials. The type of study in this study is more descriptive in nature, because it intends to clearly describe various matters related to the object under study, namely the provisions for the distribution of inheritance in a state of defeat based on Islamic Law and Positive Law. The results obtained regarding the difference between Kalalah in the distribution of inheritance according to the Civil Code and KHI (Compilation of Islamic Law) are that KHI (Compilation of Islamic Law) and the Civil Code both have a written legal basis. Basically in the two legal systems, namely the KHI and the Civil Code, a will is a gift that is dependent on the event of the death of the person who wills, whether the gift is with or without the consent of the person who will be given or who will receive the will. In the KHI and the Civil Code, both wills can be revoked and can be void or cancelled. The revocation of wills according to KHI is regulated in Article 199. Judges in examining a case also require evidence, where the results of the evidence are used as consideration in deciding the case. Sidoarjo District Court Decision No. 110/Pdt.G/2008/PN.Sda dated January 19, 2009 The judge in his legal deliberations stated that based on the provisions of Article 35 paragraph (2) of Law No.1 of 1974 concerning Marriage that the innate property is fully under the control of the bearer or the husband's or wife's innate property is in the control of the husband or wife. From the provisions of the article above, a legal principle can be drawn, that innate property remains the property of each husband or wife.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	inheritance law, kalalah, inheritance division
Subjects:	K Law K Law > KI Indonesia > KG Law (General) K Law > KI Indonesia > KP Perdata
Divisions:	Fakultas Hukum > Hukum
Depositing User:	CAHYO ADI NUGROHO
Date Deposited:	20 Jul 2022 04:47
Last Modified:	20 Jul 2022 04:47
URI:	http://eprints.ums.ac.id/id/eprint/101635

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