Perbandingan Hukum Wasiat Harta Peninggalan Berdasarkan Hukum Islam Dan Hukum Perdata Di Indonesia

Megajati, Aditya Putra and , Mutimatun Ni'ami, SH., M.Hum. (2021) Perbandingan Hukum Wasiat Harta Peninggalan Berdasarkan Hukum Islam Dan Hukum Perdata Di Indonesia. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Inheritance law that applies in the State of Indonesia has not been specifically structured and formed, and inheritance law which is applicable and implemented by the community and in Indonesia, uses inheritance law based on KHI, Customary law and European Civil law. Based on the facts in Indonesian society, that the prevailing laws in Indonesia are influenced by the teachings of Islamic law and civil law which develops and applies where this will or testament is considered the trigger as well as the best solution in resolving disputes between heirs in terms of inheritance distribution. In the implementation of wills or testaments in society there are differences between the Criminal Code and the teachings of Islamic law, between the applicable legal rules and the implementation of legal principles in society regarding the making of wills or testaments that occur in this era of globalization. As an example of the case of a will by Freddy Widjaja as a child born under the hand of a married parent in accordance with Buddhism, and legalized by the state from the founder of Sinarmas Group Eka Tjipta Widjaja to his 5 (five) half brothers, with a will number 60, dated April 20, 2008 at the Central Jakarta District Court with case register number: 301 / Pdt.G / 2020 / PN Jkt.Pst. on June 16, 2020. In this case there are several legal phenomena as the main problem in the application of will. The results of this study indicate that: (1) The laws and procedures for wills of inheritance according to the KHI and the Criminal Code must comply with the provisions of the rules which consist of: the requirements for the estate's will or will, the will or the heir, the inherited goods, the qobul consent, and testament content; (2) There are similarities in the two wills above regarding the transfer of wills for all or part of the estate of the will maker; (3) There are differences in the process of issuing a will in KHI that can be done orally, whereas in the KUHP it must be in the form of a will with a notary deed; (4) Legal analysis of estate wills occurred in the case of Freddy Widjaja's will of law suit Number: 301 / Pdt.G / 2020 / PN Jkt.Pst, there are differences in the application of the KHI and the Criminal Code, namely the list of the recipients of the will and the degree of family kinship, and composition of the amount of receipt or distribution of wills according to the provisions of family degree; and (5) comparative analysis of legacy wills in the case of Freddy Widjaja's will with the Constitutional Court Decision Number: 46 / PUU-VIII / 2010 shows that the results of marriages are under the hands of different religions and legally religions that are not registered by the state. causing civil relations related to inheritance rights is illegal and not allowed. However, it is entitled to the right of wills. Keyword : Wills of Assets, Comparisons, Compilation of Islamic Law, Civil Code, and Freddy Widjaja Case Case Number 301 / Pdt.G / 2020 / PN Jkt.Pst

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	Wasiat Harta, Perbadingan, Hukum Islam, Kitab Undang-Undang Hukum Perdata, dan Kasus Freddy Widjaja Nomor Perkara 301/Pdt.G/2020/PN Jkt.Pst
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	ADITYA PUTRA MEGAJATI
Date Deposited:	17 Feb 2021 22:11
Last Modified:	17 Feb 2021 22:11
URI:	http://eprints.ums.ac.id/id/eprint/89191

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