Journal Smart Law
Vol. 4 No. 1 (2025): September

Perlindungan Hukum Atas Harta Waris Bagi Penderita Down Syndrome Dalam Perspektif Hukum Islam (Studi Kasus Pengadilan Negeri Medan Nomor 102/Pdt.P/2019/Pn.Mdn)

Nurdailamy (Unknown)
Suaib Lubis (Unknown)



Article Info

Publish Date
01 Feb 2026

Abstract

This study aims to determine how legal protection for the inheritance rights of people with Down Syndrome is viewed in Islamic law and Indonesian law, as well as to explain the forms of protection that can be provided and the obstacles faced in its implementation. The method used is normative legal research by examining legislation, Islamic law books, and interviews with families and religious leaders in Langkat Regency. The results of the study show that people with Down Syndrome still have full rights to their parents' inheritance, and the state provides protection through the appointment of a legal guardian who is responsible for managing the child's assets and meeting their living needs. Legal protection can be provided through the appointment of a guardian in court, the creation of a will, and the registration of assets in the name of the child with Down Syndrome. However, its implementation still faces several obstacles, such as a lack of legal certainty, difficulties in appointing guardians, and limited public knowledge about the rights of persons with disabilities. This study emphasizes that legal protection for children with Down Syndrome is a shared responsibility between families, the government, and religious institutions so that justice can be realized in accordance with Islamic teachings and applicable laws.

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Journal Info

Abbrev

JSL

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Other

Description

Smart Law Journal (JSL) Is a journal for types of scientific publications in the field of sharia science and Islamic law. The field of sharia in question is more about the development of sharia muamalah between Muslims which is related to the development of the use of sharia law and etiquette in ...