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


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.


Wasiyah Waajibah; Inheritance; Adopted Child

Full Text:




Abdul Manan, Application of Civil Procedure in the Religious Courts, Jakarta: Prenada Media, 2005, page 196

Abdul Rahmat Budiono, Judicial Religion and Islamic Law in Indonesia, Malang: Bayumedia, 2003, page 14

Abdurrahman Wahid et al, Islamic Law in Indonesia: Thought and Practice, Bandung: Remaja Rosdakarya, 1994, page 81.

Bambang Sunggono, Legal Research Methodology, Jakarta: PT. Raja Grafindo Persada, 2010, page 10

Bambang Waluyo, Implementation of the Judicial Power of the Republic of Indonesia Jakarta: Sinar Grafika, 1992, page 46.

Cik Hasan Bisri, Religious Courts in Indonesia Jakarta: Raja Grafindo Persada, 1998, page 211.

H. Satria Effendi, Analysis of Jurisprudence: Will Will Cancellation Claim, Jakarta: Al-Hikmah Foundation & Directorate of Islamic Religious Courts, Ministry of Religion, 1995, page 67

Ismail Muhammad Syah, Philosophy of Islamic Law, Jakarta: Bumi Aksara, 1992, page 234

M. Yahya Harahap. Position, Authority and Events of the Religious Courts, Jakarta: Pustaka Kartini, 1997, page 162

Muhammad Jawab Mughniyah, Five-School Fiqh, Jakarta: Basric Press, 1994, page 237

Mukti, Practice of Civil Cases at the Religious Courts, Yogyakarta: Pustaka Pelajar, 2004, page 140

Musthofa, Registrar of the Religious Court, (Jakarta: Prenada Media, 2005), page 9

Sajuti Thalib, Islamic Heritage Law in Indonesia, Jakarta: Sinar Grafika, 1981, page 21

Taufiq Hamami, Getting to Know More About the Position and Existence of Religious Justice in the System of Legal Governance in Indonesia, Bandung: Alumni, 2003, page 97

Yahya Harahap, Civil Procedure Code, Jakarta: Sinar Grafika, 2004, page 44


Fauzan, “Fundamental Differences on Legal Effects in Determining Child Adoption”, Varia Peradilan, Vol. 6, No. 256, March 2007, page 32

Haedah Faradz, “Child Adoption According to Islamic Law”, Dinamika Hukum Journal, Vol. 9, No. 2, May 2009, page 154

Maulina, Achmad Khisni, “Legal Consequences of Will Grant Deed Violating the Absolute Rights of Heirs Legitime Portie”, Akta Journal, Vol. 4, No. 4, December 2017, page 743

Ria Ramdhani, “Wasiyah Waajibah Arrangement for Adopted Children According to Islamic law”, Lex et Societatis, Vol. 3, No.1, 2015, page 55


Law No. 48 of 2009 concerning Judicial Power, Article 3

Law No. 48 of 2009 concerning Judicial Power, Article 24 Ayat (2)



  • There are currently no refbacks.

Copyright (c) 2019 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
Copyright © 2014-2018 IJMMU. All rights reserved.