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Hasbi, Mhd
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Humanities Law, Crime, Criminology & Criminal Justice Other

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Revocation of islamic inheritance rights to the recipient of the obligatory will perspective maslahah Hasbi, Mhd
Legalpreneur Journal Volume 4, No. 2 April 2026
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v4i2.8197

Abstract

This study examines the issue of the cancellation of Islamic inheritance rights to the recipient of the obligatory will which is analyzed through the perspective of maslahah. The background of this study is the limitation of the regulation of mandatory wills in the compilation of Islamic law (KHI), especially Article 209, which does not explicitly regulate the mechanism for their cancellation, causing legal uncertainty in judicial practice. This research uses normative juridical method with conceptual approach and legislation. The results showed: first, the cancellation of the rights of the obligatory will can only be justified if it is based on causes recognized by the Shari'a, such as harming the heir or obstructive religious differences; second, the perspective of maslahah considers the cancellation to be legally valid if it aims to preserve greater benefits, but prohibited if it is carried out discriminatively; third, the absence of detailed arrangements on the mechanism for canceling the obligatory will in the KHI implies the weak protection of the recipient's civil rights. This study recommends a comprehensive renewal of the KHI in order to realize legal certainty and substantive justice in the Islamic inheritance system in Indonesia.
Juridical Analysis Of The Application For Cancellation Of The Arbitration Award Of The Indonesian National Arbitration Board (Decision Study Number 531 / Pdt.Sus-Arb/2023 / PN Bks) Hasbi, Mhd; Safnul, Dody
Legalpreneur Journal Volume 4, No. 1 October 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v4i1.7950

Abstract

This paper examines the juridical application for cancellation of the arbitration award of the Indonesian National Arbitration Board (BANI) Surabaya in the case between PT Adhi Persada Properti against Haryono Soebagio and Budi Said. This dispute stems from default in the implementation of the deed of binding agreement of sale and purchase (PPJB) No. 008/2017, which was then terminated through the BANI Surabaya Arbitration forum. The applicant filed a cancellation of the arbitration award under Articles 70 and 71 of Law Number 30 of 1999 concerning arbitration and Alternative Dispute Resolution, on the grounds of alleged fraud and violation of the principle of due process of law. This study uses normative juridical methods, with a legal and conceptual approach, and examines the relevance of this decision to the protection of legal certainty in arbitration practice in Indonesia.
Co-Authors Safnul, Dody