Muhammad Abduh
Institut Agama Islam Tasikmalaya

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PENYELESAIAN SENGKETA DI PENGADILAN DALAM PERMA NOMOR 1 TAHUN 2016 TENTANG MEDIASI Muhammad Abduh
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 1 No 1 (2022): JURNAL HUKUM KELUARGA ISLAM
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

Settlement of disputes through mediation is preceded by a discussion of negotiations as the basis for the procedure for resolving disputes through mediation because in mediation efforts to resolve disputes are carried out through negotiation and bargaining between the disputing parties. This research can be categorized as literature research, the theoretical framework of the normative - juridical approach. In an effort to find the truth, the authors use a normative - juridical approach. The technique used is the main content analysis related to mediation in Perma No. 1 of 2016. The results of this study are as follows. First, the mediator certificate is explained in Perma Number 1 of 2016 Article 13 that every mediator is required to have a mediator certificate obtained after participating and declared to have passed the mediator certification training organized by the Supreme Court or an institution that has obtained accreditation from the Supreme Court. Second, the mediation procedure in the Supreme Court regulations applies in a litigation process in court, both within the General Court and Religious Courts. Each judge, mediator, parties and/or legal counsel must follow the procedure for resolving disputes through mediation.
Tertunda Pembagian Harta Waris Kepada Ahli Waris Studi Di Desa Cipatujah Muhammad Abduh; Roni Nurhidayat
Ahwaluna | Jurnal Hukum Keluarga Islam Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Keluarga Islam

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Abstract

One of the rituals in Cipatujah Village, Tasikmalaya Regency is the postponement of inheritance distribution. This delay is caused because one of the parents is still alive and the heir is not yet an adult. The purpose of this research is to find out the perspectives of positive law and Islamic law on the postponement of the division of inheritance and its procedures, as well as the perspective of the local government regarding it. This research uses descriptive qualitative methods, including documentation, observation of the application of delayed inheritance distribution, and interviews with community leaders. The juridical-empirical method was also used. The result of this research is that Islamic Law suggests accelerating the process of inheritance distribution if there is no compelling reason. Surah An-Nisa contains this instruction, especially in verses 5, 7, 13, and 14. If all heirs agree unanimously or if there is a shar'i justified reason, the division of inheritance can be postponed. The postponement of the distribution of the inheritance can be justified by the heirs using their legal capacity. Article 830 of the Civil Code and article 175 of the second book of the Compilation of Islamic Law encourage the acceleration of the inheritance distribution process in Indonesia. It is important to remember that postponement of the division of the estate can be authorised if all the heirs agree. As part of the inheritance division process, all outstanding debts, funeral costs, and wills are usually paid before the remaining assets are distributed to the heirs according to their rank of receipt. In Cipatujah Village, there is a custom of delaying the division of inheritance because one parent is still alive and the designated heir is too young to responsibly administer the estate. In Cipatujah Village, the division of inheritance is done independently or with assistance from the authorities or religious and community leaders. In Islamic jurisprudence, under some conditions, such as when there are shar'i justified reasons, the division of inheritance in Cipatujag Village can be postponed. This can happen when one of the parents of the designated heir is still alive and the heir is still a child, in which case the division of inheritance needs to be postponed.