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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Unram Law Review Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Herman Suryokumoro
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Unram Law Review

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Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law Gibtha Wilda Permatasari; Yuliati Yuliati; Herman Suryokumoro
Unram Law Review Vol 2 No 2 (2018): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v2i2.47

Abstract

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.
The Authority Of Property And Heritage Agency Regarding Making Of Inheritance Certificate For The Decendant Of East Asian Nova Winantika Rindang Kirana; I Nyoman Nurjaya; Herman Suryokumoro
Unram Law Review Vol 3 No 1 (2019): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v3i1.54

Abstract

This study aims to know and analyze which norms are enacted in the making of inheritance certificate and to know the strength of law in the certificate of inheritance made by Property and Heritage Agency after the enactment of Law No. 23 of 2006 on Population Administration. The research method used by the writer is statute approach and conceptual approach. The basis of the authority of Property and Heritage Agency is not in accordance with the state of the nation at this time and also based on the hierarchy of legislation is lower than the position of Law No. 23 of 2006. In addition, the certificate of inheritance made by the Property and Heritage Agency does not guarantee certainty and legal protection for Indonesian citizens because the strength of proof is not as perfect as the deed of inheritance made by the Notary.
Co-Authors Anggit Metha Mustika Yon Surya Gibtha Wilda Permatasari I Nyoman Nurjaya I NYOMAN NURJAYA Joko Cahyono Nova Winantika Rindang Kirana Nurini Aprilianda Riana Susmayanti Setiawan Noerdajasakti Setiawan Noerdjasakti Sаleh Yuliati Yuliati Zana Zerlina