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All Journal Journal of Innovation Research and Knowledge Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
M. Slamet Turhamun
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Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Anak dalam Perwalian Terkait Peralihan Harta Peninggalan Orang Tua Kepada Wali Menurut Hukum Perdata Alwi Bin Syeh Abubakar; Felicitas Sri Marniati; M. Slamet Turhamun
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6826

Abstract

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.
PERLINDUNGAN HUKUM BAGI PARA AHLI WARIS TERKAIT WASIAT YANG DIBUAT OLEH NOTARIS MELEBIHI KETENTUAN BESARNYA BAGIAN DALAM PERSPEKTIF HUKUM WARIS ISLAM Rosmeilisa, Reza; M. Slamet Turhamun; Felicitas Sri Marniati
Journal of Innovation Research and Knowledge Vol. 5 No. 10 (2026): Maret 2026
Publisher : Bajang Institute

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Abstract

In making a will by a Muslim heir, some are still carried out as the freedom to carry out civil acts as in general, even though the will is made with the help of a notary, problems often arise later (das sein), because this is not in accordance with the contents of Article 195 of the KH I regarding how a will is carried out, in accordance with Islamic provisions, and regulates that a will is only valid if approved by all heirs (das sollen). This is based on two problem formulations, namely: What are the legal consequences of a will made by a Notary and how is the legal protection for heirs related to a will made by a notary that exceeds the provisions on the size of the share in the perspective of Islamic inheritance law. This research was analyzed using the Theory of Legal Consequences according to R. Soeroso and the Theory of Legal Protection according to Djojohadikusumo. The research methodology used is normative legal research, specifically library research or secondary data analysis, utilizing primary, secondary, and tertiary legal materials. The research approach includes statutory (regulatory), case, analysis, analytical, and conceptual approaches. Data collection techniques involve identifying and inventorying positive legal regulations, books, journals, and other legal sources. The legal materials are analyzed using systematic legal interpretation and the legal construction method. From the research results, it can be concluded that the legal consequences of a Will made by a Notary exceeding the provisions in the form of non-compliance with sharia principles give rise to ethical and administrative consequences so that it has the potential to be cancelled by the court. Regarding legal protection for heirs, if a legal act occurs in the form of a will that violates Islamic inheritance provisions, then the will is cancelled and redistribution is according to the main provisions of the heir's share, and the heirs can file a lawsuit with the court to cancel and adjust the contents of the will.
Co-Authors Alwi Bin Syeh Abubakar Felicitas Sri Marniati Rosmeilisa, Reza