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All Journal Politika Progresif : Jurnal Hukum, Politik dan Humaniora Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Josef Purwadi Setiodjati
Universitas Slamet Riyadi
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Pencabutan Testament (Surat Wasiat) Dan Akibat Hukumnya Aisyah Damayanti Justitia Dewi; Triwanto Triwanto; Josef Purwadi Setiodjati
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 3 No. 3 (2026): September: Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v3i3.3470

Abstract

This research examines the revocation of a testament from the perspective of Islamic inheritance law based on the Malang Religious Court Decision Number 653/Pdt.G/2023/PA.Mlg. The research problem arises from the existence of a testament formally executed before a notary, whose legal enforceability was subsequently challenged due to its implications for the inheritance rights of the deceased’s heirs. This study aims to identify the judicial considerations underlying the revocation of the testament and to examine its legal consequences for the testamentary deed, the legal position of the heirs, the inherited property, and the distribution of the estate. The research employs normative juridical methods using statutory and case approaches. Legal materials were examined through relevant legislation, the Compilation of Islamic Law, legal doctrines, and Decision Number 653/Pdt.G/2023/PA.Mlg, followed by qualitative analysis. The findings demonstrate that the judges did not assess the testament solely on the basis of its formal validity as an authentic deed, but also examined its substantive provisions, the status of the parties as heirs, and its compatibility with Islamic inheritance principles. The revocation consequently removes the testamentary provisions as the legal basis for determining rights over the deceased’s estate, thereby placing the settlement and distribution of the inherited property within the framework of Islamic inheritance law and the Compilation of Islamic Law.
Analisis Kedudukan dan Keabsahan Letter C sebagai Alat Bukti dalam Penyelesaian Sengketa Pertanahan Galih Sukma Jati; Anggo Doyoharjo; Josef Purwadi Setiodjati
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 3 No. 5 (2026): September: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v3i5.1875

Abstract

Land disputes involving Letter C as the basis for claiming land rights remain a significant issue in Indonesian land law, considering that such documents constitute village administrative records and do not possess the same evidentiary strength as land certificates. This study aims to examine the legal considerations of judges in resolving land disputes and to determine the legal position of Letter C as evidence of land ownership based on the Decision of the Sleman District Court Number 103/Pdt.G/2025/PN Smn. This research employs normative legal research using a statutory and case approach. The legal materials consist of primary, secondary, and tertiary legal sources obtained through library research and analyzed using a qualitative descriptive method. The findings indicate that the judge did not determine land ownership solely on the basis of Letter C, but assessed its relationship with documentary evidence, witness testimony, inheritance documents, possession history, and other land administration records. Letter C has evidentiary value as an indication of the history of possession or former land rights, but it does not constitute conclusive proof of ownership equivalent to a land certificate. Its evidentiary strength depends on its consistency with other evidence capable of establishing the legal relationship between a party and the disputed land. Comprehensive evaluation of the available evidence is therefore necessary to ensure legal certainty, justice, and protection of the parties' civil rights in land disputes.
Co-Authors Aisyah Damayanti Justitia Dewi Anggo Doyoharjo Galih Sukma Jati Triwanto Triwanto