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All Journal RESLAJ: RELIGION EDUCATION SOCIAL LAA ROIBA JOURNAL Advokasi Hukum & Demokrasi
Maman Suparman
Sekolah Tinggi Ilmu Hukum Profesor Gayus Lumbuun
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pergeseran Hukum Kewarisan Islam di Indonesia dengan Pemberian Wasiat Wajibah kepada Ahli Waris Non Muslim:Studi Kasus Putusan Mahkamah Agung No. 16K/Ag/2010 Maman Suparman; Rd. Yudi Anton Rikmadani; Tubagus Ahmad Suhendar
Reslaj : Religion Education Social Laa Roiba Journal Vol 4 No 5 (2022): RESLAJ: Religion Education Social Laa Roiba Journal
Publisher : LPPM Institut Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v4i5.1258

Abstract

The existence of non-Muslim heirs in one family will cause problems when dividing the inheritance of the heirs. Islamic law firmly states that non-Muslim heirs are an obstacle to getting a share of the inheritance of the Muslim heirs. The research results obtained are that the ulama and jurists agree that religious differences between the Heir and the heir are one of the factors that hinder them from obtaining the right to be an heir, Muslims cannot accept infidels and vice versa. Non-Muslim heirs in the Islamic inheritance system in Indonesia can receive the heir's inheritance through a mandatory will based on a court decision, although the court decision is not binding on all Indonesian citizens, but only as a guide for future judges in deciding similar cases. However, there were pros and cons regarding this decision among fiqh experts and Islamic law academics. The ideal reconstruction model for distribution of inheritance for non-Muslim heirs in the Islamic inheritance system in Indonesia, namely by means of a mandatory will but given on the basis of expanding the meaning of Article 209 KHI, a mandatory will is given to non-Muslim heirs not from the inheritance but from the inheritance of the heir, and granting mandatory wills to non-Muslim heirs based on benefit, expediency and justice and given to non-Muslim heirs who are in dire need from an economic perspective.
Pertanggung Jawaban Notaris terhadap Akta Otentik Yang Dibuat Dihadapannya : Studi Kasus Putusan Nomor 247/Pdt.G/2021/PN Ckr Dodi Sudirman; Maman Suparman
Advokasi Hukum & Demokrasi (AHD) Vol. 3 No. 2 (2025): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v3i2.101

Abstract

Notaries in carrying out their duties and responsibilities are required to always apply the precautionary principle. This is intended so that notaries can provide the best service to the public. Apart from that, notaries who do not apply the precautionary principle may be subject to sanctions. The large number of notaries makes competition between notaries increasingly fierce and sometimes makes notaries less careful in carrying out their profession. Therefore, the emergence of this short article is an attempt to review the main issue, namely how the Notary is responsible for authentic deeds made by or in front of him. The type of research used in this research is normative juridical, namely a research method that examines and analyzes secondary data. The research results show that authentic deeds as a Notary product have very strong legal force as evidence in court, therefore the preparation of authentic deeds must be accountable if there are errors in their writing. Thus, making an authentic deed must be accountable.
Co-Authors Dodi Sudirman Rikmadani, Yudi Anton Tubagus Ahmad Suhendar