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All Journal Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia
Erna Mastiningrum
Universitas Islam Darul 'Ulum
Law, Crime, Criminology & Criminal Justice Social Sciences

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Akibat Hukum Pemecahan Sertifikat Rumah Tanpa Adanya Penetapan Ahli Waris Muhammad Rizki; Amiludin Amiludin; Erna Mastiningrum
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 2 (2023): Desember 2023
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i2.4521

Abstract

Determination of heirs is to legally and fairly appoint heirs by authorized officials to be used in fulfilling administrative requirements relating to the affairs of heirs who have died and the affairs of heirs in the future. If there is a dispute over splitting the certificate without determining the heir, there will be consequences for the object of the dispute. This research explains and informs what legal consequences will arise if a legal action occurs, namely splitting a house certificate for a family that has not determined an heir. The research method uses normative research methods by examining the Decision of the Medan Religious Court Register Number: 172/pdt.P/2022/PA.Mdn by approaching statutory regulations and judges' decisions. The results of the research show that the legal consequences that will arise are conflicts between families if there is a transfer of certificate authority (sale and purchase transactions) and this can also relate to unlawful acts because there are parties who suffer losses from these legal acts, therefore the expert's determination Inheritance is mandatory to avoid conflicts between families.
Mandatory Bequests for Non-Muslim Adopted Children and Stepchildren Perspective of Indonesian Islamic Law Erna Mastiningrum; Mai Renza Faradilla; Khalista Erlina Najwah
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 9 No 1 (2025): June 2025
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v9i1.8894

Abstract

A Compilation of Islamic Law in Indonesia includes wasiat wajibah for grandchildren whose parents die and are covered by uncles, like in other Muslim countries. Wasiat wajibah provided for in Article 209 are intended for adopted children and adoptive parents. The development of wasiat wajibah in Indonesia has been greatly advanced through the breakthroughs of the legal judge Ijtihad. Not only for adopted children and adoptive parents, wasiat wajibah in Indonesia are also given to non-Muslim children and non-Muslim families through a decision at the Cassation level as a reference. At present, a broader discussion of the object of giving a will must recur. The discussion concerned the granting of wasiat wajibah to stepchildren, although this was still a matter of pros and cons among mujtahids, in this case, the panel of judges. This type of research is library research with descriptive analytic methods. The object of the research study is Article 209 of the Compilation of Islamic Law and several wasiat wajibah of non-Muslims and stepchildren. This research uses a sociological normative perspective. The purpose of this research is to examine the legal formulation of the wasiat wajibah testament in Indonesia, including Article 209 of the Compilation of Islamic Law, the jurisprudence of wasiat wajibah, and its development.
Co-Authors Amiludin Amiludin Khalista Erlina Najwah Mai Renza Faradilla Muhammad Rizki