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All Journal al-Afkar, Journal For Islamic Studies
Sitti Mashitah Tualeka
UIN Sunan Gunung Djati Bandung
Social Sciences

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Legal Thoughts Regarding Joint Assets in Legal Institutions in Indonesia Sitti Mashitah Tualeka; Oyo Sunaryo Mukhlas
al-Afkar, Journal For Islamic Studies Vol. 6 No. 3 (2023)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v6i3.740

Abstract

The dissolution of marriage has legal consequences on marital property, namely the termination of joint assets. However, in its development, cases related to the division of joint assets often give rise to various perceptions in classifying disputed objects as joint assets or not, such as disputed objects in the form of insurance coverage, funeral expenses, and pension funds. This paper focuses on the theme of the legal status of insurance coverage, funeral expenses, and pension funds in relation to joint assets. The conclusion of this research is that there are differences in the status of insurance coverage, funeral expenses, and pension funds in relation to joint assets. If the premiums are paid during the marriage, the assets will become joint assets, as stated in Article 35 paragraph (1) of Law Number 1 of 1974 concerning Marriage. On the other hand, if the premiums are paid before the marriage, even if the person concerned enters into a marriage, the insurance coverage, funeral expenses, and pension funds, as stated in Article 35 paragraph (2) of Law Number 1 of 1974 concerning Marriage, will remain as the individual's separate property.
Inheritance Law in Indonesia Sitti Mashitah Tualeka; Oyo Sunaryo Mukhlas
al-Afkar, Journal For Islamic Studies Vol. 6 No. 3 (2023)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v6i3.749

Abstract

This study aims to know the development of Islamic inheritance law in Indonesia. Inheritance law is a crucial part of the legal system that governs the transfer of property and rights owned by individuals who have passed away to their heirs. This research employs a document analysis method to investigate the legal regulations and legislations related to inheritance in Indonesia, such as Law No. 5 of 1960 on Basic Agrarian Principles and Law No. 16 of 2019 on Evidence. Additionally, this study involves relevant literature review and case studies to understand the application of inheritance law in Indonesia. The results of this research reveal that the inheritance law system in Indonesia is based on customary, religious, and national law principles. The development of Islamic inheritance law in Indonesia has changed along with changes in the socio-cultural and legal context in this country. Initially, Islamic inheritance law in Indonesia was based on classical fiqh principles based on the texts of the Qur’an and hadith, but overtime there has been an update in Islamic inheritance law. One of the important development in Islamic inheritance law in Indonesia is through the application of a compilation of Islamic law that has been in force sin 1991. The compilation of Islamic law regulates various aspects of Islamic inheritance law which includes the separation of assets, distibution of inheritance, wills and grants.
Co-Authors Mukhlas, Oyo Sunaryo