Jurnal Litigasi Amsir
Vol 11 No 4 (2024): Agustus

Urgensi Perkembangan Regulasi Mafqud Dalam Mendapatkan Hak Waris

Muhamad Arieva Chandra Aghisna (Magister Hukum Universitas Ichsan Gorontalo)
Sumiyati B (Magister Hukum Universitas Ichsan Gorontalo)
Darmawati Darmawati (Magister Hukum Universitas Ichsan Gorontalo)



Article Info

Publish Date
29 Jun 2024

Abstract

Determining mafqud status in inheritance is of course still a problem in this research. The judge who made the decision at the Yogyakarta and Bantul Religious Courts through his considerations used the basis of 467 and 468 of the Civil Code which can make a decision after 9 (nine) months. Problems occur when the Heir as an applicant whose object of inheritance is included in the object of compensation for losses on Government Development which has a period of time to fulfill its administration. The absence of norms in determining mafqud status can have legal consequences resulting in the failure to achieve legal objectives. There is very limited material law that is formally contained in the legal regulations for mafqud cases, so judges need to explore, follow and understand the legal values ​​that are developing by paying attention to the provisions of existing legislation and Islamic law contained in fiqh books as a reference and point of reference in examine and decide mafqud cases. Regulations for determining mafqud status are very important considering that dynamic legal developments are a matter of urgency to achieve legal objectives. This research is normative research that is explanatory in nature with a statutory, case approach, and uses secondary data sources obtained from primary, secondary and tertiary legal materials. Collection by literature study and based on the results of the discussion of the main problem, conclusions and suggestions can be drawn.

Copyrights © 2024






Journal Info

Abbrev

julia

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free ...