Pembatalan Surat Wasiat Dalam Perspektif Hukum Islam Dan Hukum Positif

Fauzi, Muhammad Afif and , Mutimatun Ni’ami, S. H., M.Hum. (2021) Pembatalan Surat Wasiat Dalam Perspektif Hukum Islam Dan Hukum Positif. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Wills of heritage are part of Indonesian inheritance law whose existence is regulated in Islamic law and positive law. A will made by a person must be presented with proof of deed that can be accounted for. Therefore the will maker should be proven by the existence of written evidence, although we know that the Compilation of Islamic Law stipulates that the will can be done both oral and written. The type of research conducted is normative legal research with a statutory approach using descriptive research properties taken from secondary data through primary legal materials and secondary legal materials as well as tertiary legal materials. This study aims to find out how the process of annulment of wills in the perspective of Islamic law and positive law. In addition, to know what is the reason for the cancellation of the will. Based on the results of the study that the cancellation of the will in the perspective of Islamic law and positive law that efforts to resolve the case in accordance with the law of the event submitted the flow or settlement process in court as follows: after the lawsuit entered and registered clerkship of the court, the chairman of the court appointed a panel of judges to adjudicate the case. Then after the panel of judges adjudicates the case, on the first day of the trial after both parties are present, by the panel of judges in an effort to have the two sides reconcile through mediation. If mediation for the peaceful settlement is unsuccessful, the panel of judges continues the examination beginning with the reading of the lawsuit. Furthermore, it is given the opportunity for the Defendant to answer the claim. After the answer is completed, continued with the evidentiary event, as the last trial event is the reading or announcement of the verdict.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	wills, annulment of wills, compilation of islamic law.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	MUHAMMAD AFIF FAUZI
Date Deposited:	05 Nov 2021 02:49
Last Modified:	05 Nov 2021 02:49
URI:	http://eprints.ums.ac.id/id/eprint/95221

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