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All Journal Jurnal Daulat Hukum Jurnal Akta Jurnal Penelitian dan Pengabdian Kepada Masyarakat UNSIQ Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung Jurnal Konstatering
Sri Kusriyah, Sri
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Journal : Jurnal Konstatering

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Comparative Distribution of Inheritance Assets Against Adopted Children Based on the Compilation of Islamic Law and Civil Law Aulia, Febriana Putri; Kusriyah, Sri; Suwondo, Denny
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study aims to examine and analyze the legal status of adopted children regarding the distribution of inheritance assets in terms of the Compilation of Islamic Law and Civil Law, as well as to analyze the responsibilities of Notaries in making wills for adopted children. The approach method used in this study is a normative juridical approach. The specifications of this study use descriptive analysis. The type of data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method uses literature studies. The data analysis method used in this study uses qualitative analysis methods. The research results show that the distribution of inheritance to adopted children differs. This provision can be seen from the perspective of the Compilation of Islamic Law, as regulated in Article 209 of the Compilation of Islamic Law, which states that "...The granting of inheritance to adopted children through a mandatory will is a maximum of ⅓ of the inheritance assets "based on the decision of the Religious Court, then the mandatory will deed is made by a Notary,while the distribution of inheritance to adopted children referring to Staatsblad 1917 Number 129 considers adopted children to be equal to biological children but according to the Civil Code the child cannot be an heir so that in the inheritance of adopted children can be given the inheritance of adoptive parents through a testament by considering Legitimie Partice. The main difference between these two perspectives is that in the Compilation of Islamic Law the granting of inheritance to adopted children is limited to no more than 1/3 of the portion through a mandatory will, while in Staatsblad 1917 Number 129 adopted children are given the same rights as biological children. However, both have similarities, namely they have the right to receive property from their biological parents but the granting is done in different ways.
Legal Analysis of the Position of Heirs Who Change Religion According to Civil Law and Islamic Law Wulandari, Ina; Kusriyah, Sri
Jurnal Konstatering Vol 3, No 4 (2024): October 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) The position of heirs who change religions according to civil law and Islamic law. 2) Legal protection that can be guaranteed for heirs who change religions. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The type and source of data in this study are secondary data obtained from literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The position of heirs who change religions according to civil law and Islamic law, namely civil law does not differentiate heirs based on religion. There is no prohibition for heirs of different religions to inherit the testator's inheritance. While Islamic law does not provide inheritance rights by kinship to heirs who change religions. Heirs who change religions cannot inherit property from Muslim testators. However, the provision of property between people of different religions can still be done in the form of grants, wills, and gifts. If there is an heir who changes religion, the heir should discuss it with the other heirs before he dies. 2) Legal protection that can be guaranteed for heirs who change religions can be guaranteed through several mechanisms, namely the Civil Code still provides inheritance rights regardless of religion, while Islamic Law can still provide rights through grants or wills. Through a family mediation approach, a peaceful agreement can also be reached. An approach through mediation or family agreement can be a peaceful and mutually beneficial solution. With mediation, families can reach an agreement on the division of assets fairly, including providing a portion for heirs who change religions. This path allows for out-of-court settlements, avoids conflict, and maintains good relations between family members. This protection is in line with the principle of justice in Maqasid Syariah and Human Rights to ensure that the rights and welfare of heirs remain protected.
Co-Authors Achwan, Achwan Aulia, Febriana Putri Jawade Hafidz Listyowati, Peni Rinda Ma'ruf, Umar Mursito, Bambang Rhodiyah Dwi Istinah, Siti Rinda Listyawati, Peni Sa'adah, Intan Putri Maulidiyyatus Siti Rodhiyah, Siti Suharto, Rakhmat Bowo Suwondo, Denny Victoria, Ong Argo Witasari, Ariyani Wulandari, Ina