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All Journal El-Ghiroh : Jurnal Studi Keislaman Hutanasyah : Jurnal Hukum Tata Negara
Kuswoyo, Bahet Edi
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice

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Analisis Penyelesaian Perkara Ahli Waris Putusan Nomor 02/Pdt.P/2017/PA.LLG di Pengadilan Agama Lubuklinggau Kuswoyo, Bahet Edi; Samosir, Agustinus; Fuadi, Ahmad
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 2 (2023): Februari 2023
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i2.531

Abstract

This study aims to analyze the judge's consideration in the case decision Number: 02/Pdt.P/2017/PA-LLG and to find out and understand whether the case decision has fulfilled the values of justice, expediency and legal certainty. This research uses empirical normative approach methods, namely conceptual approach, statutory approach, legal history approach, comparative legal approach, then combined with approaches that are often used in empirical legal research including, sociological approach, anthropological approach, and legal psychology approach. The results showed that the basis for the judges' consideration in granting the petitioners which was the basis for considering the decision of the Lubuklinggau Class 1B Religious Court Judges in deciding the case application Number: 02/Pdt.P/2017/PA-LLG concerning the Determination of Heirs, is that the applicants are the legal heirs of the heirs of the deceased. In accordance with the Compilation of Islamic Law article 171 letter (b) The heir is a person who at the time of death or is declared dead based on the decision of the Court, leaves heirs and relics, and Heirs are people who at the time of death have blood relations or marital relations with the heir, are Muslim and are not hindered by law from becoming heirs. That the decision that has been handed down by the Panel of Judges in the case regarding the Determination of Heirs, does not meet the value of legal certainty and the values of justice, because the judge in examining and adjudicating does not carefully look at the content of positive law and does not consider aspects of justice.
Prolonged Inheritance Distribution: The Perspective Of Al Maslahah And Legal Certainty Kuswoyo, Bahet Edi; Reyzaldi Fitrananda; Moh. Adrian; Renny Fusvitasari; M. Wildan Murtadho Al Idrus; Mukhtar; S, Kholil
El-Ghiroh : Jurnal Studi Keislaman Vol. 24 No. 1 (2026): Maret
Publisher : Sekolah Tinggi Agama Islam (STAI) Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/el-ghiroh.v24i1.1477

Abstract

Prolonged inheritance distribution is a recurring phenomenon in Muslim society that often gives rise to legal uncertainty, family conflict, and the neglect of the objectives of Islamic law. This study examines the issue of delayed inheritance distribution from the perspective of al-maslahah and legal certainty, highlighting the tension between normative Islamic inheritance rules and their practical application. The research employs a normative legal method combined with an empirical (socio-legal) approach. Normative analysis is conducted by examining statutory regulations, court decisions, and doctrines of fiqh and ushul fiqh related to inheritance law, with particular attention to the principles of al-maslahah and legal certainty. The empirical approach is employed to investigate the social realities that contribute to the delay in inheritance distribution, including family dynamics, cultural considerations, psychological factors, and institutional practices. This approach is essential because prolonged inheritance cases are not merely normative legal issues but are also influenced by non-legal factors embedded in social life. By integrating normative and empirical perspectives, this study provides a comprehensive understanding of the causes and implications of delayed inheritance distribution. The findings are expected to contribute to the development of a more responsive and just framework for inheritance law that upholds al-maslahah and ensures legal certainty in Islamic inheritance practices.
Co-Authors Ahmad Fuadi M. Wildan Murtadho Al Idrus Moh. Adrian Mukhtar Renny Fusvitasari Reyzaldi Fitrananda S, Kholil Samosir, Agustinus