Settlement of Will in Inheritance Dispute Case against the Decision of the Supreme Court of the Republic of Indonesia Number: 485 K/AG/2013

Mutiara Rahmadhani, Yaswirman Yaswirman, Mardenis Mardenis

Abstract


Legal events, one of which is the death of a person, will cause legal consequences on how to follow up the management of the rights and obligations of someone who has died. Islam teaches a set of shari’ah laws regarding inheritance and will. The Medan Religious Court had determined the compulsory heir but it was sued by another heir. On the other hand, based on the Decision of the Supreme Court Number: 485K/Ag/2013, the plaintiff was declared as the compulsory heir and decided that the defendants were not. This certainly can lead to legal uncertainty. Regarding to this case, the author discusses the settlement of will in inheritance dispute because it raises several problems regarding the factor of inheritance dispute, settlement of inheritance dispute, and implementation of the will. The research in this thesis applies a normative juridical method which is an approach through legal research by examining the principles of law and law comparison. Based on the research results, the conclusion that can be drawn is that the factor causing inheritance dispute is the determination of inheritance to adopted child. Settlement of inheritance dispute, against the Decision of the Supreme Court of the Republic of Indonesia Number: 485K/Ag/2013, invalidates the determination of heirs and states that the Decision of the Religious Courts has no legal force. In addition, related to the settlement of the testament to the inheritance dispute against the Decision of the Supreme Court of the Republic of Indonesia Number: 485K/Ag/2013, the judge has determined to give a wasiyah waajibah (binding will) to the adopted child a maximum of 1/3 of the testator’s inheritance.


Keywords


Wasiyah Waajibah; Inheritance; Adopted Child

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References


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DOI: http://dx.doi.org/10.18415/ijmmu.v6i2.752

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