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Journal : Jurnal Yuridis

KEDUDUKAN AHLI WARIS YANG PENERIMA HIBAH DARI ORANG TUA TERHADAP AHLI WARIS LAINNYA PADA PROSES PEMBAGIAN WARIS Sanjaya, Umar Haris; Suprapton, Muhammad Yusuf
Jurnal Yuridis Vol 4, No 2 (2017): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (297.72 KB) | DOI: 10.35586/.v4i2.253

Abstract

This research focused on the clarification in the meaning of legal status of the heir which is the heir received the donation (grant) from the parents before. In fact, the other heirs does not recognize the position of donation receiver to gets inheritance rights belong to parents. This research using context of probles as how the legal status of the heir (donation receiver) belong to the other heirs in receiving inheritance, is the donation receiver does not has rights in inheritance. Research result found that meaning of donation in the 3 perspective of private law giving the  similar consequences, thus are based on private law (civil code), adat law, and islamic fiqih law (KHI). Those are giving perspective that donation is recognized as the inhertance. And the legal status of receiver donation is available to receive inheritance. 
URGENSI (POLITIK HUKUM) HUKUM KEWARISAN DI INDONESIA MENGACU PADA KOMPILASI HUKUM ISLAM (DIKAITKAN DENGAN UNDANG-UNDANG NO. 3 TAHUN 2006 TENTANG PERADILAN AGAMA) Sanjaya, Umar Haris
Jurnal Yuridis Vol 1, No 2 (2014): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (430.87 KB) | DOI: 10.35586/.v1i2.154

Abstract

The concequenses of inheritance is happened if the heir passed away and its leaves inheritee. Inheritance is a part of the private law context in Indonesian law which is regulate the relatisionship among people. Indonesian Prvate Law context nowday put inheritance practice into three metode first is based on Civil Code, second is based on indigeneous law, and third is Kompilasi Hukum Islam. This research is study about Islamic inheritance according to Kompilasi Hukum Islam and how far the justice implementation of it to the moslem people. The statement of justice still rise many interpretation among ulama fiqh, somehow many interpretation of fiqh intheritance is based on his personal argument until Its make the judge of Islamic court tries to make his decision according his syariah law capability. This study using descriptive methodology with juridical normative. For the conclusion, Islamci inheritance in KHI is regulated to uniform many interpretation of inheritance fiqh, but its still rise the problems of justice in implementation. Its because of many ulama fiqh has different interpretation. Thus , for the practice its depend on the judge in Islamic Court.  
PEMBANGUNAN HUKUM ARBITRASE (POLITIK HUKUM) SEBAGAI UPAYA PENYELESAIAN SENGKETA (TINJAUAN ATAS UNDANG-UNDANG NO. 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA) Sanjaya, Umar Haris
Jurnal Yuridis Vol 2, No 2 (2015): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (100.548 KB) | DOI: 10.35586/.v2i2.202

Abstract

Nowdays every business actor as the modern businessmen would like to settled any business dispute more quickly, simply, to prevent from any risk which is rise. Government regulated the alternative dispute settlement on business field that is arbitration law. The arbitration regulation becoming a legal politic study which is interested because of the implementation of it not apply well. This research study about the Economy law and development in Indonesia regarding arbitration and how the legal politic of arbitration is perform. This study is using  descriptive methodology with juridical normative. For the conclusion is law and development in Indonesia especially arbitration is not beginning with values of societies, but taken from condition of reformation of Indonesia. However the economic law and development still need to enforce in according to make justice and prosperity especially for business actor.
KEDUDUKAN SURAT WASIAT TERHADAP HARTA WARISAN YANG BELUM DIBAGIKAN KEPADA AHLI WARIS Sanjaya, Umar Haris
Jurnal Yuridis Vol 5, No 1 (2018): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (301.24 KB) | DOI: 10.35586/.v5i1.317

Abstract

This research focused on the legal standing of testament toward inheritance property which devide yet. Testament recognized as a last will of person to be received by person who determined on it. Potentially, These will rise a dispute between testament receiver and the heir. It because of the heir would be bring it to the disputed if testament not desired. Thus, the testament would be not executed. This research using context of problems as how the legal standing of the testament toward inheritance property which devide yet and continue with is that testament should be execute absolutely toward inheritance property. Research result the testament has no absolutely legal standing to be execute toward inheritance property as long as rise the disputed. The dispute is related with the diclaimer from the heir toward testament substance. Thus, the testament is the last will of people do not perform well as the last will it because of the testament rejected probably. The rejection performed by court as well as the heir lawsuit.