Quru’: Journal of Family Law and Culture
Vol. 2 No. 1 (2024): Quru': Journal of Family Law and Culture

Dispute Between Waqf Land Vs. Inherited Land (Analysis of the Judge's Presumption as Evidence in Case No. 174/Pdt.G/ 2017/MS.Bna)

Muhammad Husnul (Unknown)
Siti Jum’ah (Unknown)



Article Info

Publish Date
15 Mar 2024

Abstract

This research discusses the invalidity of the Deed of Replacement of Waqf Pledge Deed on land belonging to the heir who rejected APIAW whose final implication at the appeal stage was that the deed was null and void because contrary to the evidence presented by the plaintiff and the judge's considerations in the form of the judge's guess. The issue of concern is whether the judge's opinion as one of the judge's considerations at the cassation stage can be used as evidence in this case. The research method used is qualitative with a normative juridical approach. The results of the research show that judges can use their assumptions as evidence in their considerations when deciding cases with the assumption that the evidence presented by the plaintiff and defendant has not been able to convince the judge. However, in the end, based on the judge's estimates, it could be concluded that APAIW and the Certificate of Ownership (SHM) had no legal force (not inkracht).

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Journal Info

Abbrev

quru

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Quru: Journal of Family Law and Culture, published by Pusat Studi Penelitian dan Evaluasi Pembelajaran. This journal is published regularly thrice a year, namely April, August, December. The focus of this journal examines research in the field of Islamic legal thought and Islamic family law, both ...